Hornschuch v. Southern Pacific Co.
Oregon Supreme Court
From Multnomah: John McCourt, Judge. Department 2. R. M. Homschuch is the mother and the duly appointed guardian ad litem of Vivian Homschuch, a minor seven years of age. The defendant, the Southern Pacific Company, is a Kentucky corporation and the owner of a line of railway between Witch-Hazel and Reedville in Washington County, which it operates by electrical power. The defendant Sweeney was its motorman. Louise Schneider was the driver of an automobile.
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From Multnomah: John McCourt, Judge. Department 2. R. M. Homschuch is the mother and the duly appointed guardian ad litem of Vivian Homschuch, a minor seven years of age. The defendant, the Southern Pacific Company, is a Kentucky corporation and the owner of a line of railway between Witch-Hazel and Reedville in Washington County, which it operates by electrical power. The defendant Sweeney was its motorman. Louise Schneider was the driver of an automobile. Sunday, October 7, 1917, she invited the mother and the minor to take an automobile ride and while driving along a public road between…
1Opinion of the CourtJohns, J.
The witness Tihl, testified:
“Well, the whistle was blowing right along. We were coming in, and I was sitting up by the window, with the window open, and just as I felt the brakes go on I turned and looked out, and there was a Ford machine standing by the curve, with a lady standing in the back end of the machine, and I heard her say, ‘Stop.’ ”
The witness further testified that he spoke to the woman and saw the machine after the accident, that “the window was open, and just then I looked out and saw this Ford machine on the curve and standing still. The Ford had made the turn already. They…
2Cases cited5 opinions
- Robison v. Oregon-Wash. R. & N. Co.Oregon Supreme Court · 1918
- Russell v. Oregon R. & N. Co.Oregon Supreme Court · 1909
- Atlanta Consolidated Street Railway Co. v. BagwellSupreme Court of Georgia · 1899
- Britton v. Washington Water Power Co.Washington Supreme Court · 1910
- Emens v. Lehigh Valley R.District Court, N.D. New York · 1915
3Cited by9 opinions
- Rich v. Tite-Knot Pine MillOregon Supreme Court · 1966
- Thomas v. FoglioOregon Supreme Court · 1961
- Marks v. I. M. Pearlstine & SonsSupreme Court of South Carolina · 1943
- Doty v. Southern Pacific Co.Oregon Supreme Court · 1949
- McIntire v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1936
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