Legal Opinion

Nicol v. Oregon-Washington Railroad & Navigation Co.

Washington Supreme Court

Decided December 26, 1912No. 10662PublishedCited by 18 opinions

Appeal from a judgment of the superior court for Pierce county, Card, J., entered March 4, 1912, upon findings in favor of the plaintiff, after a trial on the merits before the court, in an action in tort.

1Opinion of the CourtGose, J.

This is an action for damages against the defendant, a common carrier, for an alleged negligent destruction of plaintiff’s automobile at a country crossing. The case was tried to the court. Findings were made in favor of plaintiff, and a judgment was entered thereon, from which the defendant has appealed.

The negligence charged is that, while the respondent was in the act of driving his automobile over the railroad crossing in a public highway, the machine became stalled crosswise of the track, the engine of the machine stopped running, the respondent was unable to start it or to move the…

2Cases cited29 opinions

  1. Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
  2. Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
  3. Bullock v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
  4. Southern Railway Co. v. BaileySupreme Court of Virginia · 1910
  5. Dull v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1899

24 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Mosso v. E. H. Stanton Co.Washington Supreme Court · 1913
  2. Merchants Transportation Co. v. DanielSupreme Court of Florida · 1933
  3. Emmons v. Southern Pac. Co.Oregon Supreme Court · 1920
  4. Pollard v. Oregon Short Line R.R. Co.Montana Supreme Court · 1932
  5. Weck v. Reno Traction Co.Nevada Supreme Court · 1915

13 more not listed; retrieve them via the Exa API.

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