Holstine v. Oregon & California Railroad

By the Court,

Kelly, C. J.:

This is an action brought by the respondent to recover damages for the killing of some horses and injury to others by a freight train on appellant’s railroad, alleged to have been caused by the negligence of the appellant. In the answer, negligence on part of the appellant is denied, and negligence upon the part of the respondent, which contributed to. the injury, is averred.

The facts are substantially as follows: In October, 1878, the respondent was the owner of a band of eleven horses, which he was driving along the county road leading from Oregon city to Salem.…