Cathcart v. Oregon-Washington R. & N. Co.
Oregon Supreme Court
From Wasco: William: L. Bradshaw, Judge. Department 1. Statement by Mr. Justice Burnett. Tbis is an action to recover for damage alleged to have been inflicted by tbe defendant upon the plaintiff’s auto truck as he was driving it across the defendant’s railway tracks in The Dalles.
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From Wasco: William: L. Bradshaw, Judge. Department 1. Statement by Mr. Justice Burnett. Tbis is an action to recover for damage alleged to have been inflicted by tbe defendant upon the plaintiff’s auto truck as he was driving it across the defendant’s railway tracks in The Dalles. The charge of negligence was substantially that in violation of an ordinance of the city restricting the speed of locomotives to 12 miles an hour the defendant negligently backed one of its yard engines in excess of that limit along one of its tracks without ringing a bell, whistling or giving any other sufficient…
1Opinion of the CourtJustice Burnett
1. Several errors are assigned relative to the instructions given and refused by the trial court. The bill of exceptions, however, consists in a mere recital of them withoiit any evidence collated with respect to any of them. The only means by which the testimony in the case is brought to our attention is by a complete stenographic report of all the utterances of the witnesses, court and counsel during the trial, annexed to the bill of exceptions as an exhibit. When thus put into the record the only use that can be made of it is in the determination of the correctness of the ruling *253upon the…
2Cases cited29 opinions
- Washington Southern Railway Co. v. LaceySupreme Court of Virginia · 1897
- Hoag v. Washington-Oregon Corp.Oregon Supreme Court · 1914
- Wehe v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1916
- McBride v. Northern Pacific R. R.Oregon Supreme Court · 1890
- White v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1911
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3Cited by31 opinions
- Robison v. Oregon-Wash. R. & N. Co.Oregon Supreme Court · 1918
- Fish v. Southern Pacific Co.Oregon Supreme Court · 1943
- Malloy v. Marshall-Wells Hardware Co.Oregon Supreme Court · 1918
- Williams v. Iola Electric RailroadSupreme Court of Kansas · 1918
- Koch v. Southern Pacific CompanyOregon Supreme Court · 1973
26 more not listed; retrieve them via the Exa API.