Cederson v. Oregon Navigation Co.
Oregon Supreme Court
From Wasco: W. L. Bradshaw, Judge. Action by N. O. Cederson, as administrator of the estate of William Cederson, deceased, against the Oregon Railroad & Navigation Company for the recovery of damages for the killing of one William Cederson through the alleged negligent acts of the defendant company in operating its railroad.
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From Wasco: W. L. Bradshaw, Judge. Action by N. O. Cederson, as administrator of the estate of William Cederson, deceased, against the Oregon Railroad & Navigation Company for the recovery of damages for the killing of one William Cederson through the alleged negligent acts of the defendant company in operating its railroad. The complaint states, among other things, “that on the fourth day of November, 1896, and for a long time prior thereto, the defendant was engaged in the operation of a railway from Portland, Oregon, -to Huntington, in the same state; that said road runs through certain…
1Opinion of the CourtJustice Wolverton
1. There was a contention that the reply constituted a departure from the complaint, in that it set up a different title or right to the locus in quo from that contained in the complaint, and therefore that it was incompetent to permit the plaintiff, under the allegations of the reply, to establish the decedent’s right to be at the immediate place where the accident occurred. The contention is based upon the mistaken idea that the complaint alleged that Seufert Bros. Company was the owner of the locus in q%io. The allegation is that the road runs through its property, and that, while…
2Cases cited60 opinions
- Illinois Central Railroad v. GodfreyIllinois Supreme Court · 1874
- Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
- City of Fort Wayne v. CoombsIndiana Supreme Court · 1886
- Reardon v. ThompsonMassachusetts Supreme Judicial Court · 1889
- Evansville & Terre Haute Railroad v. DuelIndiana Supreme Court · 1893
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3Cited by40 opinions
- Mezyk v. National Repossessions, Inc.Oregon Supreme Court · 1965
- Weinstein v. WheelerOregon Supreme Court · 1930
- Chaperon v. Portland Electric Co.Oregon Supreme Court · 1902
- Merriam v. HamiltonOregon Supreme Court · 1913
- Kiernan v. KratzOregon Supreme Court · 1902
35 more not listed; retrieve them via the Exa API.