Anderson v. City Railway Co.
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Action by George W. Anderson, administrator of Chester Anderson, deceased, against the City & Suburban Railway Company. The plaintiff’s intestate, a boy about sixteen years of age. was killed in October, 1901, by coming in contact with a strut of the Morrison-street bridge while riding as a passenger upon one' of defendant’s open trolley cars.
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From Multnomah: John B. Cleland, Judge. Action by George W. Anderson, administrator of Chester Anderson, deceased, against the City & Suburban Railway Company. The plaintiff’s intestate, a boy about sixteen years of age. was killed in October, 1901, by coming in contact with a strut of the Morrison-street bridge while riding as a passenger upon one' of defendant’s open trolley cars. In- company with his two sisters and a young gentleman named Robinson, he boarded the car on the East Side, near Grand Avenue, about 8 o’clock in the .evening, for the purpose of crossing to the Wefcfi Side, and…
1Opinion of the CourtJustice Bean
1. It is urged that the request for an instruction directing a verdict for defendant should have been given, because the evidence shows no breach of any duty that the defendant owed to plaintiff. Negligence is generally a question for the jury. The cases in which the courts will assume to decide it, and withdraw the case from the jury or direct a verdict, are generally those in which reasonable minds cannot differ as to the conclusions to be drawn from the facts. Where the facts are in conflict, or where they are undisputed, but honest minds might reasonably differ as to the conclusions to be…
2Cases cited21 opinions
- Johnston v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1892
- North Chicago Street Railroad v. WilliamsIllinois Supreme Court · 1892
- Chicago & Iowa Railroad v. RussellIllinois Supreme Court · 1878
- Graham v. Manhattan Railway Co.New York Court of Appeals · 1896
- Topeka City Railway Co. v. HiggsSupreme Court of Kansas · 1888
16 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Allen v. Northern Pacific Railway Co.Washington Supreme Court · 1904
- Kelly v. Santa Barbara Consolidated RailroadCalifornia Supreme Court · 1915
- Previsich v. Butte Electric Railway Co.Montana Supreme Court · 1913
- Parry Manufacturing Co. v. EatonIndiana Court of Appeals · 1908
- Kebbe v. Connecticut Co.Supreme Court of Connecticut · 1912
3 more not listed; retrieve them via the Exa API.