Wilmot v. Oregon Railroad
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Action by Frank Wihnot and others against the Oregon Railroad & Navigation Co. The facts appear in the opinion. Defendant had a judgment, and plaintiffs appeal.
1Opinion of the CourtChief Justice Bean
This is an action to recover the value of four horses killed by the moving trains of the defendant on an unfenced portion of its track, but which the plaintiffs claim and allege should have been fenced.
The complaint states a cause of action for common-law negligence, and also under the statute making a railway company *496liable for stock killed on an unfeneed track. The court below, in accordance with the doctrine approved in Harvey v. Southern Pac. Co. 46 Or. 505 (80 Pac. 1061), required plaintiffs to elect upon which cause of action they would proceed, and they elected to rely upon the…
2Cases cited16 opinions
- Indiana, Bloomington & Western Railway Co. v. HaleIndiana Supreme Court · 1884
- Chicago & Eastern Illinois Railroad v. ModesittIndiana Supreme Court · 1890
- Harvey v. Southern Pac. Co.Oregon Supreme Court · 1905
- McGrath v. Detroit, Mackinac & Marquette R. R.Michigan Supreme Court · 1885
- Moses v. Southern Pacific RailroadOregon Supreme Court · 1890
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3Cited by9 opinions
- Jackson v. Sumpter Valley R'y Co.Oregon Supreme Court · 1908
- High v. Southern Pacific Co.Oregon Supreme Court · 1907
- Atchison, T. & S. F. Ry. Co. v. McCallSupreme Court of Oklahoma · 1915
- Knop v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1920
- Reid v. Minneapolis & Rainy River Railway Co.Supreme Court of Minnesota · 1929
4 more not listed; retrieve them via the Exa API.