Herman v. Northern P. Ry. Co.

• Citation: 86 P. 1068,43 Wash. 624
• Parties: HERMAN v. NORTHERN PAC. RY. CO.
• Decision Date: 11 September 1906
• Court: Washington Supreme Court

86 P. 1068

43 Wash. 624

HERMAN v. NORTHERN PAC. RY. CO.

Supreme Court of Washington

September 11, 1906

Appeal from Superior Court, Spokane County.

Action by Alexander Herman against the Northern Pacific Railway Company. From a judgment for defendant, plaintiff appeals. Affirmed.

Danson & Williams, for appellant.

Edward J. Cannon, for respondent.

DUNBAR J.

In the month of July, 1904, one George F. Hammond was arrested in Spokane, charged with bringing into the state stolen property. At the time of his arrest there was taken from his possession $600 in money, a diamond ring, a pair of field glasses, a watch chain and compass, and two large revolvers with scabbards. The value of this property is alleged to have been $815. Immediately after his arrest he employed one George M. Nethercutt as his attorney, and for the purpose of paying Nethercutt gave him an order on the acting chief of police of Spokane for the property above described. In the month of June, prior to said arrest, one of the Northern Pacific Railway Company's trains had been held up by robbers at Bearmouth, Mont., and the express car blown open and certain valuables stolen therefrom. At the time of Hammond's arrest one Palmer, superintendent of the respondent company, and one McFetridge, were in Spokane attempting to locate the robbers and the stolen property, and it was thought that Hammond was one of the robbers, and he was arrested by the police of Spokane at the suggestion of the agents of the Northern Pacific Railway Company and one of its detectives. After the arrest Palmer and McFetridge desired to get possession of the property that had been taken from the possession of Hammond for evidentiary purposes, to be used in the trial of Hammond in Montana on the charge of train robbery, and, the chief of police refusing to turn over the property to them without the consent of the attorney, the following agreement was entered into with said attorney: 'It is hereby agreed that we will immediately after the final trial of George F. Hammond, on the charge of train robbery, at Bearmouth, Montana, turn over to George M. Nethercutt all property now held by the officers as the property of said George F. Hammond, including $600 in money, excepting 18 unset diamonds, excepting diamond ring, providing same is identified. [Signed by Palmer and McFetridge.]' The property described in the agreement was delivered to Palmer pursuant thereto, and...