Legal Opinion

Hindman v. Oregon Railway & Navigation Co.

Oregon Supreme Court

Decided May 20, 1889PublishedCited by 7 opinions

Appeal from a judgment of the Circuit Court for the county of Baker. The respondent herein commenced an action in the justice’s court for Baker precinct, Baker County, against the appellant, a private corporation engaged in operating certain railroads in this state, to recover damages.

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Appeal from a judgment of the Circuit Court for the county of Baker. The respondent herein commenced an action in the justice’s court for Baker precinct, Baker County, against the appellant, a private corporation engaged in operating certain railroads in this state, to recover damages. He alleged in his complaint, in substance, that on the twenty-second day of April, 1888, he was the owner of a certain bull of the value of one hundred dollars; that said bull, without his fault, went upon the track' and ground occupied by the appellant’s railroad,-in said county of Baker, at a certain- point…

1Opinion of the CourtThayer, C. J.

It appears from the bill of exceptions settled and signed by the circuit judge, and filed with the transcript in the case, that thé bull in question, being upon the appellant’s railroad track, was run over and killed by its train of cars that were regularly running upon its road. It does not appear, nor is it claimed by the respondent’s counsel, that the appellant’s agents or servants who were operating the train at the time of the casualty were guilty of any negligence in its management. The train was a freight train consisting of about twenty cars; it was on a dowm gradé, when the bull and…

2Cited by7 opinions

  1. Currie v. Southern Pacific Co.Oregon Supreme Court · 1893
  2. Bates v. Fremont, E. & M. V. R.South Dakota Supreme Court · 1893
  3. Sullivan v. Oregon Railway & Navigation Co.Oregon Supreme Court · 1890
  4. Eaton v. Oregon Railway & Navigation Co.Oregon Supreme Court · 1890
  5. Meeker v. N. P. R. R. Co.Oregon Supreme Court · 1892

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