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SCHMIDT v. GREAT NORTHERN R.R.

No. 1039-1.

7 Wn. App. 40 (1972)

497 P.2d 959

MARK SCHMIDT, Appellant, v. GREAT NORTHERN RAILROAD COMPANY, Respondent.

The Court of Appeals of Washington, Division One — Panel 1.

June 5, 1972.

Attorney(s) appearing for the Case

C. LeRoy Borders (Reiter, Day, Wall & Bricker, Carlton R. Reiter, Bemis, Breathouwer & Joseph, and George M. Joseph, of counsel), for appellant.

George C. Inman, Jr., for respondent.

HOROWITZ, C.J.

Plaintiff sued his employer for damages suffered when he fell from a locomotive on which he was working. The jury found for the defendant. Plaintiff appeals from the judgment entered on the verdict.

The question involved is whether a jury instruction and an answer to a question by the jury wrongfully injected the issue of negligence and contributory negligence in a strict liability case brought under...

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