High v. Southern Pacific Co.
Oregon Supreme Court
From Marion: John B. Cleland, Judge. Statement by Mr. Chief Justice Bean. This is an action by M. M. High against the Southern Pacific Co. to recover damages for animals killed by a moving train. The defendant operates a railroad from Portland to San Francisco, and has a right of way GO feet wide through the grounds of the United States Indian Training School at Chemawa, upon which it maintains a depot or station for receiving 'and discharging freight and passengers.
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From Marion: John B. Cleland, Judge. Statement by Mr. Chief Justice Bean. This is an action by M. M. High against the Southern Pacific Co. to recover damages for animals killed by a moving train. The defendant operates a railroad from Portland to San Francisco, and has a right of way GO feet wide through the grounds of the United States Indian Training School at Chemawa, upon which it maintains a depot or station for receiving 'and discharging freight and passengers. Chemawa is not an incorporated town, city or village, platted into lots and blocks, and there are no streets or alleys crossing…
1Opinion of the CourtChief Justice Bean
1. It is unnecessary to notice the evidence at length. It is sufficient that it tended to show that the animals escaped through the gate at the farm crossing, which it is claimed was carelessly and negligently left open by the employees of the defendant. The court below, following the line of authorities which holds that in actions of this character the extent of depot grounds is a question of law for the court, and not of fact for the jury, ruled that the gate referred to was within the depot grounds, and as a consequence defendant was not required under the statute to maintain a fence at…
2Cases cited4 opinions
- Chapman v. New York Central Rail RoadNew York Court of Appeals · 1865
- Wilmot v. Oregon RailroadOregon Supreme Court · 1906
- Stonebraker v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1905
- Mooers v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1900
3Cited by5 opinions
- Askay v. MaloneyOregon Supreme Court · 1919
- Johnson v. Homestead-Iron Dyke Mines Co.Oregon Supreme Court · 1920
- State Ex Rel. Sauers v. C. J. Montag Co.Oregon Supreme Court · 1930
- Ely v. WildeOregon Supreme Court · 1912
- Van Woerden v. Puget Sound Electric RailwayWashington Supreme Court · 1923