Show UiPIUnl cuur CIHION I Iudentl 11 CUtl a mmrd la Seattle Welding v An DIIUera PC1fle The Bupremu court handed down an opinion today In tile case ot Jamec Alfred Wright reipaodenl Is To the rjnulheru racltlc company appellsnt afllfmlnii the judgment of the court KIJW aud aaateiluit all alit to the apptllant Justice Miner deliver the opinion Chief Jpstlce Z Ina Bud Justice Barton airicufflug The rianurdent on the lllh of August 1892 woos in ins employ of tub railroad company at Carliu Nvt da acting In Ibo capacity ol awllth man On the moruln ol 1 the diy named while uncoupling two oars ol a Height f train his right I heel WAS caught bl the biaketiesm when he I was drained dome ulatanco and Ibnvvu uu derneath the car wuloa pi Bed over his leg necessitating computation about aevnn t Chad Above the knee A anil lor 30000 damaged wa bruui > tl ueamat tioutuern 1c flo Wrig I lIoglo ogllllu nulls part In nut uaving furulabad a fireman aawel a a n oiiiloeor lo operate Us nugae thereby rtqulrlUE the ouKlneer tu per fvraitwomouladutleeliorfiloa ma Olt impoMlble fur him U obey tlunaie Plaintiff also aliened that the engine r aa lu the act of shoveling oiil Into the are when be altnallej lor him to atop The jury round lot the iilainllll In the sum ol J10000 Defendant appealed Inalstlui that ibe tourt lu permitting a a question to be answered by a wittiest 01 pamilff wis prejudicial error The slursilou was shoUIJ tNra be a flieiuau and engineer upon the engine when the Wait In motion Bull at work 1 Tile answer was In the affirmative affir-mative tissues otjeoted as being mmaurrlalaud IrruvaUutaud because tile nltueia was nut shown to be a competent one On 11110 point the court sale wutlter a wllneaa Is ahown tit I qualified to tastily ai to matters ol opinion ton I preliminary question for UetrUI Judea to paaa upju al the trial and tile discretion Is conclusive Unless man lean nrroueoua aa a mat lit of law Ibero were other citations ot error raised by the appellant but were passed upon adversely at the former blaring oftbe case And retoitej In 46 Ijcido Hep rler 87418 Utah |