McKILLIP v. UNION PAC. R.R.

No. 863-3.

11 Wn. App. 829 (1974)

525 P.2d 842

GERALD McKILLIP, Appellant, v. UNION PACIFIC RAILROAD COMPANY et al., Respondents.

The Court of Appeals of Washington, Division Three.

August 27, 1974.


Attorney(s) appearing for the Case

Herbert H. Freise (of Freise & Lutcher) and Hildebrand, McLeod & Nelson, Inc., for appellant.

Hamblen, Gilbert & Brooke, P.S. (William F. Nielsen, of counsel), Randall B. Kester, and James B. Mitchell (of Reese & Mitchell), for respondents.


McINTURFF, J.

Plaintiff appeals from a directed verdict and dismissal of defendant Union Pacific Railroad Company (hereafter railroad), and from a judgment upon a jury verdict in favor of defendant Rickie Magnaghi (hereafter defendant).

On December 5, 1969, plaintiff, an employee of railroad, was working as a conductor and flagman on a "detector car" used to detect flaws in the railroad's rails. Defendant railroad had contracted with Sperry Rand Corporation...

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