Miller v. Southern Pacific Co.
Oregon Supreme Court
Marion count}': R. P. Boise, Judge. Defendant appeals. A railroad company is not, as toward its employes engaged in operating its trains, an insurer of the safety or soundness or proper condition of repair of its track or switches, but is only liable to them for such defects therein as it knew, or by the exercise of such reasonable care might have known, to exist, and might by such care have prevented or remedied.
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Marion count}': R. P. Boise, Judge. Defendant appeals. A railroad company is not, as toward its employes engaged in operating its trains, an insurer of the safety or soundness or proper condition of repair of its track or switches, but is only liable to them for such defects therein as it knew, or by the exercise of such reasonable care might have known, to exist, and might by such care have prevented or remedied. (2 Rorer on Railroads, 834,1200; Pierce on Railroads, 370; Elliott v. St. Louis, etc. R. Go. 67 Mo. 272; Columbus, etc. R. Go: v. Troesch, 68 111. 545, 18 Am. Rep. 578.) And in any…
1Opinion of the CourtLord, J.
— This is an action to recover damages brought by the plaintiff, as administratrix of the estate of her husband, J. W. Miller, deceased, under section 371, Hill’s Code, for the death of the intestate, who was killed on the night of the 28th of July, 1889, by the derailing of an engine of which he was engineer, in the employ of the defendant. His death is alleged to have been caused by the negligence of the defendant and its agents in suffering a certain switch at Lebanon Junction, on the line of the road, to be out of order, so that in operating it the rails did not form a continuous line,…
2Cases cited22 opinions
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Patterson v. GainesSupreme Court of the United States · 1848
- Slater v. . JewettNew York Court of Appeals · 1881
17 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Morgan v. BellWashington Supreme Court · 1892
- Chicago, R. I. & P. Ry. Co. v. DuranSupreme Court of Oklahoma · 1913
- Knahtla v. Oregon Short Line, etc., Ry. Co.Oregon Supreme Court · 1891
- St. Louis, I. M. & S. Ry. Co. v. NeedhamCourt of Appeals for the Eighth Circuit · 1894
- Chicago, Indianapolis & Louisville Railway Co. v. BarkerIndiana Supreme Court · 1908
19 more not listed; retrieve them via the Exa API.