Swackhamer v. Johnson
Oregon Supreme Court
From Union : Robert Eakin, Judge. This is a suit by S. O. Swackhamer against Joseph Johnson, Ung Cuey, the Wing Chin Lung Company, and Lee Tung Yin, to enjoin a trespass upon real property and to recover damages for injuries thereto.
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From Union : Robert Eakin, Judge. This is a suit by S. O. Swackhamer against Joseph Johnson, Ung Cuey, the Wing Chin Lung Company, and Lee Tung Yin, to enjoin a trespass upon real property and to recover damages for injuries thereto. The facts are that the defendant Joseph Johnson, having conceived-the project of building a railroad from Union, Oregon, to Bear, Idaho, and being without means to execute his proposed scheme, certain citizens of Union, on June 8, 1898, to promote that-city’s growth, entered into a contract with him whereby they agreed to donate a right of way for said railroad…
1Opinion of the CourtJustice Moore
It is argued by appellant’s counsel that the plaintiff consented to the cutting of the timber, and hence, invoking the maxim, Volenti non fit injuria, that the decree is erroneous. But the court found that no agreement had ever been entered into by the plaintiff with Johnson, or any other person, for a right of way for said proposed railroad, nor had any license been granted by him whereby said timber might be cut, and, as the preponderance of the testimony, in our judgment, supports such finding, it will not be disturbed. The timber having been cut by the Chinese laborers without any license…
2Cases cited6 opinions
- Blake v. . FerrisNew York Court of Appeals · 1851
- Coughlan v. City of CambridgeMassachusetts Supreme Judicial Court · 1896
- Boswell v. LairdCalifornia Supreme Court · 1857
- Stewart v. California Improvement Co.California Supreme Court · 1900
- Mound City Paint & Color Co. v. ConlonSupreme Court of Missouri · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Jenkins v. AAA Heating and Cooling, Inc.Oregon Supreme Court · 1966
- Harvey v. CorbettOregon Supreme Court · 1915
- Van Gorder v. Eastchester Estates, Inc.New York Supreme Court · 1955
- Blasi v. Western Union Telegraph Co.City of New York Municipal Court · 1922
- Jenkins v. AAA Heating and Cooling, Inc.Oregon Supreme Court · 1966