Palmer v. Willamette Val. S. Ry. Co.
Oregon Supreme Court
From Clackamas: James U. Campbell, Judge. Department 1. Acting through his guardian ad litem, Lionel C. Palmer, a minor about sixteen years of age, sued the defendant for damages resulting from a serious injury .received by him on July 11, 1916, while attempting to board a moving train. The plaintiff was nonsuited and then appealed. The Willamette Valley Southern Bailway Company owns and operates an electric railway line between Oregon City and Mt. Angel.
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From Clackamas: James U. Campbell, Judge. Department 1. Acting through his guardian ad litem, Lionel C. Palmer, a minor about sixteen years of age, sued the defendant for damages resulting from a serious injury .received by him on July 11, 1916, while attempting to board a moving train. The plaintiff was nonsuited and then appealed. The Willamette Valley Southern Bailway Company owns and operates an electric railway line between Oregon City and Mt. Angel. The line runs through the town of Molalla, where a depot is maintained, and continues in a southwesterly direction to and past a station…
1Opinion of the CourtHarris, J.
The plaintiff must necessarily fail unless the defendant violated some duty owing to him and thus caused the injury. The plaintiff insists that *328he occupied the position of a passenger and that it was a question for the jury to determine whether his attempt to board the train was an act of negligence causing or contributing to the "injury. The defendant contends that the plaintiff was properly nonsuited because: (1) He did not possess the rights of a passenger when he attempted to board the train; and (2) even though he be treated as a passenger, nevertheless his attempt to board a moving…
2Cases cited19 opinions
- Carr v. River & Eureka RailroadCalifornia Supreme Court · 1893
- Distler v. . Long Island R.R. Co.New York Court of Appeals · 1897
- Hoylman v. Kanawha & Michigan Ry. Co.West Virginia Supreme Court · 1909
- Kansas & Gulf Short Line Railway Co. v. DoroughTexas Supreme Court · 1888
- Baltimore Traction Co. v. MarylandCourt of Appeals of Maryland · 1894
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3Cited by5 opinions
- Aschenbrenner v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1934
- Ahlquist v. Mulvaney Realty Co.Montana Supreme Court · 1944
- Southern Railway Co. v. StephensCourt of Appeals of Georgia · 1919
- Fleming v. Connecticut General InsuranceSupreme Court of New Jersey · 1935
- United States Fidelity & Guaranty Co. v. AschenbrennerCourt of Appeals for the Ninth Circuit · 1933