Jones v. Union County
Oregon Supreme Court
From Union: JOHN W. KNOWLES, Judge. Statement by Mr. Justice Moore. This is an action' by Mary A. Jones, as administratrix. of the estate of her husband, John T. Jones, deceased, against Union County, to recover damages resulting from his death which was caused by the falling of a bridge on a public highway. The' negligence alleged as a basis for the recovery is the failure of the defendant to keep the bridge in proper repair in consequence of which it fell.
Read the full summary
From Union: JOHN W. KNOWLES, Judge. Statement by Mr. Justice Moore. This is an action' by Mary A. Jones, as administratrix. of the estate of her husband, John T. Jones, deceased, against Union County, to recover damages resulting from his death which was caused by the falling of a bridge on a public highway. The' negligence alleged as a basis for the recovery is the failure of the defendant to keep the bridge in proper repair in consequence of which it fell. The answer denies such want of care and avers inter alia that the injury was caused by the failure of Jones to place planks beneath the…
1Opinion of the CourtJustice Moore
1. The evidence tended to show that the bridge in question has been in use about fifteen years; it had been replanked about two years before the accident, and none of the decking was broken by the fall. The engine referred to weighed four tons or more, and, after its front wheels had safely crossed the bridge and reached solid earth, the posts set to form the embankment gave way and that end of the approach to the bridge fell, causing the injury. It was maintained by defendant’s counsel that an error was committed in denying their request to instruct the jury to return a verdict in favor of…
2Cases cited30 opinions
- Hayes v. MissouriSupreme Court of the United States · 1887
- Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Walston v. NevinSupreme Court of the United States · 1888
- Prideaux v. City of Mineral PointWisconsin Supreme Court · 1878
25 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hillman v. Northern Wasco County PUDOregon Supreme Court · 1958
- Corporation of the Sisters of Mercy v. Lane CountyOregon Supreme Court · 1927
- State v. SavageOregon Supreme Court · 1919
- Blue v. City of UnionOregon Supreme Court · 1938
- State v. CatholicOregon Supreme Court · 1915
7 more not listed; retrieve them via the Exa API.