Astoria Railroad v. Kern
Oregon Supreme Court
From Clatsop: Thomas A. McBride, Judge. This is an action by the Astoria and Columbia River Railroad Company against Daniel Kern for damages. The plaintiff is the owner and engaged in the operation of a railway, that portion of its track within the eastern and western limits of the City of Astoria being constructed upon piles over and along the shore of the Columbia River, between high and low water.
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From Clatsop: Thomas A. McBride, Judge. This is an action by the Astoria and Columbia River Railroad Company against Daniel Kern for damages. The plaintiff is the owner and engaged in the operation of a railway, that portion of its track within the eastern and western limits of the City of Astoria being constructed upon piles over and along the shore of the Columbia River, between high and low water. For cause of action it alleges, in brief, that on the 25th day of December, 1901, the defendant, being the owner of and having in his possession three large .barges, anchored the same in the…
1Opinion of the CourtJustice Wolverton
1. Preliminarily, it is urged that plaintiff cannot maintain the action because the trestle damaged is constructed upon pile£ driven in the bed of a navigable river between high and low tide. The action, however, is given by statute (B. & C. Comp. § 4627), if it may not be otherwise maintained.
2. Numerous assignments of error are noted to the admission of testimony in support of the plaintiff’s cause of action, as (1) in admitting the testimony of G. Holzhay as to the manner in which the barges were moored; (2) in admitting that of D. B. Johnson touching the velocity of the wind, and of E. A.…
2Cases cited4 opinions
- Hicklin v. McClearOregon Supreme Court · 1889
- Fenstermacher v. StateOregon Supreme Court · 1890
- Bartel v. MathiasOregon Supreme Court · 1890
- State v. MyersOregon Supreme Court · 1891
3Cited by17 opinions
- Van De Wiele v. GarbadeOregon Supreme Court · 1912
- McClung v. McPhersonOregon Supreme Court · 1905
- Flegel v. KossOregon Supreme Court · 1906
- Rehfield v. WintersOregon Supreme Court · 1912
- Eugene v. LowellOregon Supreme Court · 1914
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