Harvey v. Southern Pac. Co.
Oregon Supreme Court
From Jackson: Hiero K. Hanna, Judge. Statement by Mr. Chief Justice Wolverton. This is an action instituted by J. A. Harvey against the Southern Pacific Co. in a justice’s court. The complaint states in a single count a cause of action against the defendant based upon common-law negligence in running its train npon and killing the plaintiff’s cow, and another cause for not fencing its track, whereby the cow was permitted to stray thereupon, and was killed by a passing train.
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From Jackson: Hiero K. Hanna, Judge. Statement by Mr. Chief Justice Wolverton. This is an action instituted by J. A. Harvey against the Southern Pacific Co. in a justice’s court. The complaint states in a single count a cause of action against the defendant based upon common-law negligence in running its train npon and killing the plaintiff’s cow, and another cause for not fencing its track, whereby the cow was permitted to stray thereupon, and was killed by a passing train. It was further alleged that plaintiff duly served upon the defendant a proper notice of the killing of the animal and…
1Opinion of the CourtChief Justice Wolverton
1. The first question presented for our determination is one of practice, and arises upon the trial court’s allowance of the motion requiring the plaintiff to elect as to which cause of action he would proceed upon at the trial. The complaint, we think, may appropriately be characterized as containing a duplicate statement of distinct grounds of recovery for the same right of action; the right arising from the single transaction in killing plaintiff’s animal. The defendant is charged, however, with two culpatory acts in the invasion of plaintiff’s right- — one for a common-law negligence, and…
2Cases cited23 opinions
- Wagner v. NagelSupreme Court of Minnesota · 1885
- Whitney v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Plummer v. MoldSupreme Court of Minnesota · 1875
- Wilson v. SmithCalifornia Supreme Court · 1882
- Manders v. CraftColorado Court of Appeals · 1893
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3Cited by20 opinions
- Cook v. KINZUA PINE MILLS CO.Oregon Supreme Court · 1956
- Silver Falls Timber Co. v. Eastern & Western Lumber Co.Oregon Supreme Court · 1934
- Askay v. MaloneyOregon Supreme Court · 1919
- Voyt v. Bekins Moving & Storage Co.Oregon Supreme Court · 1941
- Smith v. WilliamsOregon Supreme Court · 1947
15 more not listed; retrieve them via the Exa API.