Hawley v. Sumpter Railway Co.
Oregon Supreme Court
From Baker: Samuel White, Judge. Statement by Mr. Commissioner Slater. This is an action by W. R. Hawley against the Sumpter Valley Railway Co., in which plaintiff sues to recover in damages the value of a quantity of hay and a shed in which it was stored, which were destroyed by fire on August 31, 1905, on his farm.
Read the full summary
From Baker: Samuel White, Judge. Statement by Mr. Commissioner Slater. This is an action by W. R. Hawley against the Sumpter Valley Railway Co., in which plaintiff sues to recover in damages the value of a quantity of hay and a shed in which it was stored, which were destroyed by fire on August 31, 1905, on his farm. It is alleged, in effect, that about 10 o’clock in the forenoon of that day three of defendant’s trains going west passed along its road, the right of way of which abutted upon plaintiff’s premises, where he had his hay stored; that by reason of improperly constructed engines,…
1Opinion of the Court
Opinion by
Mr. Commissioner Slater.
No direct testimony was offered by plaintiff tending to show any defective construction or want of repair of any of defendant’s engines, or of any careless or negligent operation of any of *512them on the day on which his property was destroyed, nor was he able to identify any particular engine, which he claimed set the fire, further than to show by number the three particular engines which passed his premises in the forenoon of August 31, 1905, which three engines did practically all of the hauling on that part of defendant’s road in the vicinity of plaintiff’s…
2Cases cited14 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Sheldon v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1856
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Dunning v. Maine Central RailroadSupreme Judicial Court of Maine · 1897
- Field v. New York Central RailroadNew York Court of Appeals · 1865
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Sullivan v. Mountain States Power Co.Oregon Supreme Court · 1932
- Carolina, Clinchfield & Ohio Railroad v. Unaka Springs Lumber Co.Tennessee Supreme Court · 1914
- Northern Pac. Ry. Co. v. MentzerCourt of Appeals for the Ninth Circuit · 1914
- Roundtree v. Mount Hood R. R.Oregon Supreme Court · 1917
- Taffe v. Oregon R. & N. Co.Oregon Supreme Court · 1911
5 more not listed; retrieve them via the Exa API.