Mosier v. Oregon Navigation Co.
Oregon Supreme Court
From Wasco : William L. Bradshaw, Judge. Action by M. J. Mosier against the Oregon Railroad & Navigation Company. From a judgment in favor of plaintiff, defendant appeals.
1Opinion of the CourtChief Justice Bean
delivered, the opinion.
This is an action to recover damages caused by a portion of the plaintiff’s land sliding into an excavation made by the defendant company in the repair of its railroad. The verdict and judgment were for the plaintiff, and defendant appeals.
The facts, so far as material, may be briefly stated thus : In June, 1897, the defendant, desiring to straighten or change its track through the premises of the plaintiff, obtained a deed from her for a new right of way. Thereafter, in making the proposed change, a cut or excavation was made in the right of way so acquired, from…
2Cases cited11 opinions
- Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
- Baltimore & Potomac Railroad v. ReaneyCourt of Appeals of Maryland · 1875
- Dowdy v. WambleSupreme Court of Missouri · 1892
- Larson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1892
- Richardson v. Vermont Central RailroadSupreme Court of Vermont · 1853
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Tomasek v. Oregon State Highway CommissionOregon Supreme Court · 1952
- Morrison v. Clackamas CountyOregon Supreme Court · 1933
- Simon v. NanceCourt of Appeals of Texas · 1907
- White v. Southern Railway Co.Supreme Court of South Carolina · 1927
- MOELLER ET UX v. Multnomah CountyOregon Supreme Court · 1959
9 more not listed; retrieve them via the Exa API.