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BERTHOLF v. BURLINGTON NORTHERN RAILROAD

No. C-74-270.

402 F.Supp. 171 (1975)

Alva BERTHOLF, Plaintiff, v. BURLINGTON NORTHERN RAILROAD, Defendant.

United States District Court, E. D. Washington.

September 9, 1975.

Attorney(s) appearing for the Case

Gail K. Holden, Turner, Stoeve, Gagliardi & Kennedy, Spokane, Wash., for plaintiff.

Robert C. Williams, Seattle, Wash., for defendant.

MEMORANDUM AND ORDER

NEILL, Chief Judge.

Plaintiff seeks recovery from the defendant railroad for severe and lasting injuries that resulted when a hoist allegedly slipped, dropping a heavy railroad car component (a bolster) onto his arm. Plaintiff was engaged in replacing the springs of a hopper car when the accident occurred. The affidavits and depositions on file indicate that plaintiff was to some extent contributorily negligent in that he had prior knowledge...

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