Goss v. Northern Pacific Railway Co.
Oregon Supreme Court
Prom Mnltnomab: Arthur L. Frazer, Judge. Statement by Mr. Chief Justice Bean. This is an action by J. T. Goss against the Northern Pacific Railway Co. for negligence. On August 27, 1903, the plaintiff was a passenger on one of the defendant’s trains from Kalama to Tacoma. Having occasion during the journey to go to the toilet, he found the room occupied, the door locked and the door from the car to the platform opened back against the toilet door.
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Prom Mnltnomab: Arthur L. Frazer, Judge. Statement by Mr. Chief Justice Bean. This is an action by J. T. Goss against the Northern Pacific Railway Co. for negligence. On August 27, 1903, the plaintiff was a passenger on one of the defendant’s trains from Kalama to Tacoma. Having occasion during the journey to go to the toilet, he found the room occupied, the door locked and the door from the car to the platform opened back against the toilet door. He started to step out on the platform to await an opportunity to enter the toilet, and while he was passing out put his hand on the door frame to…
1Opinion of the CourtChief Justice Bean
We are of the opinion that the court was right in directing the verdict. The negligence charged is that the catch for the car door was insufficient and out of repair, and that the train was being operated at a high and dangerous rate of speed, which caused the door to become disengaged from the catch by the lurching of the train. The proof does not, in our opinion, sustain either of these allegations. The plaintiff, who is a contractor and had frequently traveled on defendant’s trains between Kalama and the Sound and was familiar with its cars and road, testified that at the time he tried the…
2Cases cited16 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Gleeson v. Virginia Midland RailroadSupreme Court of the United States · 1891
- Smith v. St. Paul City Railway Co.Supreme Court of Minnesota · 1884
- Feital v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1872
11 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Christensen v. Oregon Short Line RailroadUtah Supreme Court · 1909
- Gillilan v. Portland Crematorium Assn.Oregon Supreme Court · 1926
- Tremelling v. Southern Pacific Co.Utah Supreme Court · 1917
- Francisco v. Circle Tours Sightseeing Co.Oregon Supreme Court · 1928
- Richardson v. Portland Trackless Car Co.Oregon Supreme Court · 1925
15 more not listed; retrieve them via the Exa API.