Legal Opinion
Eastern & Western Lumber Co. v. Rayley
Court of Appeals for the Ninth Circuit
Decided December 2, 1907No. 1,384PublishedCited by 2 opinions
In Error to the Circuit Court of the United States for the District of Oregon.
1Opinion of the Court
ROSS, Circuit Judge.
The accident for which the defendant in error, who was the plaintiff in the court below, got a verdict and judgment there for personal injuries, occurred on a spur of a logging road which was built and operated by the plaintiff in error for its own use in getting logs out of the forests. To such a road the rules applicable to an ordinary railroad do not apply, as was held by us in Demko v. Carbon Hill Coal Co., 136 Fed. 162, 69 C. C. A. 74, and as has been held by other courts. See Williams v. Northern Dumber Co. (C. C.) *533113 Fed. 382; Wade v. Lutcher & Moore Cypress…
2Cases cited4 opinions
- Michigan Central R. R. v. AustinMichigan Supreme Court · 1879
- Williams v. Northern Lumber Co.U.S. Circuit Court for the District of Minnesota · 1901
- Wade v. Lutcher & Moore Cypress Lumber Co.Court of Appeals for the Fifth Circuit · 1896
- Demko v. Carbon Hill Coal Co.Court of Appeals for the Ninth Circuit · 1905
3Cited by2 opinions
- E. E. Taenzer & Co. v. Chicago, R. I. & P. R.Court of Appeals for the Sixth Circuit · 1909
- Northern Pac. Ry. Co. v. LundbergCourt of Appeals for the Ninth Circuit · 1910