Eaton v. McNeill
Oregon Supreme Court
From Union: Stephen A. Lowell, Judge. This is an action by A. E. Eaton against Edwin McNeill, as receiver of the Oregon Kailway and Navigation Company, to recover damages for the loss of certain stock claimed to have been killed and injured by moving trains of the defendant, and for other injuries to property. The complaint contains seven counts, but, as the assignments of error relate to the second cause of action alone, no further reference need be made to the others.
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From Union: Stephen A. Lowell, Judge. This is an action by A. E. Eaton against Edwin McNeill, as receiver of the Oregon Kailway and Navigation Company, to recover damages for the loss of certain stock claimed to have been killed and injured by moving trains of the defendant, and for other injuries to property. The complaint contains seven counts, but, as the assignments of error relate to the second cause of action alone, no further reference need be made to the others. After alleging the incorporation of the railroad company, the appointment of the defendant as receiver, the ownership by…
1Opinion of the CourtJustice Bean
The record contains numerous assignments of error, but the only question we deem it necessary to consider is as to whether the- evidence is sufficient to support the verdict. This question arises out of defendant’s motion for nonsuit, as well as his motion for a verdict by direction of the court. The facts, as disclosed by the testimony, are that the' track of the railroad operated by defendant runs east and west at Union station, and that there is a fence and cattle guard along the west line of the depot grounds. West of this line the track passes through the farm of Shaw, and is fenced on…
2Cases cited7 opinions
- Moses v. Southern Pacific RailroadOregon Supreme Court · 1890
- Bremmer v. Green Bay, Stevens Point & Northern RailroadWisconsin Supreme Court · 1884
- Baldwin v. St. Louis, Keokuk & Northwestern Railway Co.Supreme Court of Iowa · 1884
- Louisville, New Albany & Chicago Railway Co. v. GoodbarIndiana Supreme Court · 1885
- Wabash, St. Louis & Pacific Railway Co. v. TrettsIndiana Supreme Court · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Carmichael v. CarmichaelOregon Supreme Court · 1921
- Wilmot v. Oregon RailroadOregon Supreme Court · 1906