Provo v. Spokane, P. & S. Ry. Co.
Oregon Supreme Court
From Clatsop: James A. Eakin, Judge. Action by Charles Franklin Provo against the Spokane, Portland & Seattle Railway Company, a corporation, to recover damages for a personal injury. From a verdict and the consequent judgment in favor of plaintiff, defendant appealed. Statement by Mr. Justice Mc-Camant.
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From Clatsop: James A. Eakin, Judge. Action by Charles Franklin Provo against the Spokane, Portland & Seattle Railway Company, a corporation, to recover damages for a personal injury. From a verdict and the consequent judgment in favor of plaintiff, defendant appealed. Statement by Mr. Justice Mc-Camant. This is an action brought to recover damages for a personal injury sustained by plaintiff August 26,1916. On the day in question plaintiff was on the dock of the Great Northern Pacific Steamship Company at Flavel. He desired to take one of the defendant’s trains bound for Astoria. A freight…
1Opinion of the CourtJustice McCamant
1. Defendant assigns error on the giving of the following instruction:
“That, if you find from the evidence in this case that plaintiff was guilty of negligence in crawling or climbing or attempting to crawl or climb through the defendant’s said freight train and between two boxcars thereof and in assuming and placing himself in the position as he did, but that his negligence had come *470to an end, nevertheless, if you further find from the evidence in this case that the defendant or its officers, agents, servants or employees, in charge of said freight train or engaged in, assisting in, and…
2Cases cited22 opinions
- State v. McDanielOregon Supreme Court · 1901
- Kearney v. SnodgrassOregon Supreme Court · 1885
- Chicago & Eastern Illinois Railway Co. v. HedgesIndiana Supreme Court · 1889
- State v. MegordenOregon Supreme Court · 1907
- Farmers' National Bank v. WoodellOregon Supreme Court · 1900
17 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Emmons v. Southern Pac. Co.Oregon Supreme Court · 1920
- Elam v. SoaresOregon Supreme Court · 1978
- Niday v. TomasiniOregon Supreme Court · 1965
- Elam v. SoaresOregon Supreme Court · 1978
- Johnson v. LaddOregon Supreme Court · 1933
1 more not listed; retrieve them via the Exa API.