Emmons v. Southern Pac. Co.
Oregon Supreme Court
From Multnomah: Calvin U. G-antenbein, Judge. Department 1. The plaintiff instituted this action against the Southern Pacific Company, a Kentucky corporation, and its motorman, Jesse Woodson, who resides in Oregon. She claims to have been injured by a collision of one of the defendant’s trains with an automobile which she was driving, accompanied by her brother, in the town of Beaverton in this state.
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From Multnomah: Calvin U. G-antenbein, Judge. Department 1. The plaintiff instituted this action against the Southern Pacific Company, a Kentucky corporation, and its motorman, Jesse Woodson, who resides in Oregon. She claims to have been injured by a collision of one of the defendant’s trains with an automobile which she was driving, accompanied by her brother, in the town of Beaverton in this state. She alleges that at the time of the accident the defendant Tyoodson, as the employee of the defendant company, was the motorman in charge of its train causing the injury, and that the accident…
1Opinion of the CourtBurnett, J.
Apparently there was an attempt the complaint to state a cause of action for negligence of the defendants, and another count for injury inflicted in violation of what is known as the last clear chance doctrine. No motion to require the plaintiff elect between these two different phases in her pleading appears in the record.
One of the chief complaints company admission of ordinance No. 25 in evidence. It is urged that this enactment was not passed in the man-required by the general ordinance No. 11, regulating the passage of ordinances by the council of Beaverton. The first section of this…
2Cases cited52 opinions
- Texas & Pacific Railway Co. v. BreadowTexas Supreme Court · 1896
- Doremus v. RootWashington Supreme Court · 1901
- Herbert v. Southern Pacific Co.California Supreme Court · 1898
- New Orleans & Northeastern Railroad v. JopesSupreme Court of the United States · 1891
- McGinnis v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1906
47 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Wiebe v. SeelyOregon Supreme Court · 1959
- Merchants Transportation Co. v. DanielSupreme Court of Florida · 1933
- Barnes v. AshworthSupreme Court of Virginia · 1930
- Fish v. Southern Pacific Co.Oregon Supreme Court · 1943
- Falls v. MortensenOregon Supreme Court · 1956
56 more not listed; retrieve them via the Exa API.