Scott v. Astoria Railroad
Oregon Supreme Court
From Clatsop: Thomas A. McBride, Judge. This is an action by Ella Scott, as administratrix of the estate of W. M. Scott, deceased, to recover damages for his death, which occurred January 12, 1901, while in the employ of the Astoria & Columbia River Railroad Company as a locomotive engineer, and is alleged to have been caused by its negligence in constructing its railroad too near a hillside, without adopting any means to prevent a slide, and in not properly watching its…
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From Clatsop: Thomas A. McBride, Judge. This is an action by Ella Scott, as administratrix of the estate of W. M. Scott, deceased, to recover damages for his death, which occurred January 12, 1901, while in the employ of the Astoria & Columbia River Railroad Company as a locomotive engineer, and is alleged to have been caused by its negligence in constructing its railroad too near a hillside, without adopting any means to prevent a slide, and in not properly watching its track, so as to discover the danger therefrom, and to warn the deceased thereof. The answer, after denying the material…
1Opinion of the CourtChief Justice Moore
It is contended by defendant’s counsel that the court erred in instructing the jury as follows:
“The railroad company has a right to locate its road, in a general way, upon any route it may deem fit, but in making a specific location at any particular point it should use due care to provide a safe place for its employés to work; and if it construct its road in a place that is manifestly dangerous, when, with reasonable care and slight expense, it could just as well be constructed in a perfectly safe place, a few feet to one side, that may be negligence *29which you would have a right to consider…
2Cases cited41 opinions
- Vicksburg & Meridian Railroad v. PutnamSupreme Court of the United States · 1886
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- Evanston v. GunnSupreme Court of the United States · 1879
- State v. McDanielOregon Supreme Court · 1901
- City of Fort Wayne v. CoombsIndiana Supreme Court · 1886
36 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State Highway Commission v. ArnoldOregon Supreme Court · 1959
- Sandow v. Weyerhaeuser CompanyOregon Supreme Court · 1969
- Evans v. TrudeOregon Supreme Court · 1952
- Crosby v. Portland Ry. Co.Oregon Supreme Court · 1909
- Kern v. PullenOregon Supreme Court · 1931
15 more not listed; retrieve them via the Exa API.