York v. Southern Pac. Co.
Oregon Supreme Court
From Tillamook: George R. Bagley, Judge. Statement by Mr. Justice Moore. This action was instituted under the Federal Employers ’.Liability Act by Johanna York, the widow and administratrix of Lewis York, against the Southern Pacific Company and the Pacific Railway & Navigation Company, corporations, to recover damages resulting from the death of her husband which is averred to have been caused by the carelessness of the defendants’ agents while he was employed on a work…
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From Tillamook: George R. Bagley, Judge. Statement by Mr. Justice Moore. This action was instituted under the Federal Employers ’.Liability Act by Johanna York, the widow and administratrix of Lewis York, against the Southern Pacific Company and the Pacific Railway & Navigation Company, corporations, to recover damages resulting from the death of her husband which is averred to have been caused by the carelessness of the defendants’ agents while he was employed on a work train on an alleged interstate railroad, extending from Hillsboro, Oregon, to Tillamook, in this state. The complaint…
1Opinion of the CourtJustice Moore
Mr. Justice Bean dissents.
The testimony received tends' to show that Lewis York, at the time of his death, was 36 years old, in good health and for more than a year prior to the accident he had been employed by the defendant, the Pacific Bailway & Navigation Company, upon one of its work trains on that part of its track which borders upon the Pacific Ocean and upon the northerly and easterly shores of Tillamook Bay. Near the station of Garibaldi on the north beach of that inlet from the sea is a switch on a curve of the main line which connects with a spur track that leads to the Miami Bock…
2Cases cited4 opinions
- McBride v. Northern Pacific R. R.Oregon Supreme Court · 1890
- Crane v. Oregon R. & N. Co.Oregon Supreme Court · 1913
- Molalla Electric Co. v. WheelerOregon Supreme Court · 1916
- Hartman v. Oregon Elec. Ry. Co.Oregon Supreme Court · 1915
3Cited by2 opinions
- Thompson Estate Co. v. KammOregon Supreme Court · 1923
- City of Portland v. RuggeroOregon Supreme Court · 1962