Salmi v. Columbia & N. R. R.
Oregon Supreme Court
From Columbia: James A. Bakin, Judge. Department 1. Statement by Me. Justice BueNETT. This is an action by Sophia Salmi against the Columbia & Nehalem River Railroad Company, a corporation. It appears from the record that the line of the defendant’s road passes the residence of the plaintiff within 150 feet, but considerably higher up a steep hillside.
Read the full summary
From Columbia: James A. Bakin, Judge. Department 1. Statement by Me. Justice BueNETT. This is an action by Sophia Salmi against the Columbia & Nehalem River Railroad Company, a corporation. It appears from the record that the line of the defendant’s road passes the residence of the plaintiff within 150 feet, but considerably higher up a steep hillside. The complaint states in substance that on June 6, 1913, the defendant caused a large and unsafe blast of powder or dynamite to be exploded immediately above her residence on the right of way, well knowing at the time that the plaintiff and her…
1Opinion of the CourtJustice Burnett
1. Among other things, it is charged that the immediate cause of injury was the sudden fear of the plaintiff for which no action lies. Many authorities are cited to sustain the proposition that for mere fright without an attendant or resulting physical injury a cause of action will not lie, although subsequently physical ailments result. A careful analysis of the plaintiff’s allegations on that point leads to the conclusion that she does not claim damages for the alarm she describes, but only relies upon it as one link in the chain of causation culminating in the actual physical hurt of which…
2Cases cited23 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. HayterTexas Supreme Court · 1900
- Cox v. . the PeopleNew York Court of Appeals · 1880
- Huston v. Freemansburg BoroughSupreme Court of Pennsylvania · 1905
- Kimberly v. HowlandSupreme Court of North Carolina · 1906
- State v. ShelledySupreme Court of Iowa · 1859
18 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Gates v. RichardsonWyoming Supreme Court · 1986
- Waube v. WarringtonWisconsin Supreme Court · 1935
- Mayor v. DowsettOregon Supreme Court · 1965
- Bedell Et Ux. v. GoulterOregon Supreme Court · 1953
- Fehely v. SendersOregon Supreme Court · 1943
21 more not listed; retrieve them via the Exa API.