Smith v. Southern Pacific Co.
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Statement by Mr. Justice Bean. This is an action by Lewis N. Smith against the Southern Pacific Co., a corporation, to recover damages for an alleged injury caused by defendant’s negligence. Upon the trial the court directed a verdict in favor of defendant, and entered a judgment thereon, from which plaintiff appeals.
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From Douglas: James W. Hamilton, Judge. Statement by Mr. Justice Bean. This is an action by Lewis N. Smith against the Southern Pacific Co., a corporation, to recover damages for an alleged injury caused by defendant’s negligence. Upon the trial the court directed a verdict in favor of defendant, and entered a judgment thereon, from which plaintiff appeals. Plaintiff, in his complaint, alleged that defendant, by its engineer, carelessly and negligently ran its switch engine against plaintiff, as he was at work on the track, and without fault or negligence on the part of plaintiff; that the…
1Opinion of the CourtJustice Bean
1. It is contended on behalf of plaintiff that the testimony tends to show that his injury was caused by the negligence of defendant and without fault on his part; that the evidence is conflicting in regard to the speed of the engine and the signals; that it is conclusively shown that the engineer was careless and reckless in running the engine against him, when for some distance he had seen him, and by the exercise of ordinary care could have stopped the engine and avoided the collision, and that the trial court erred in directing the jury to find a verdict for defendant.
Counsel for…
2Cases cited19 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Shoner v. Pennsylvania Co.Indiana Supreme Court · 1891
- Sullivan v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Baltimore & Ohio Southwestern Railway Co. v. PetersonIndiana Supreme Court · 1901
- Midland Railway Co. v. DickasonIndiana Supreme Court · 1892
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3Cited by17 opinions
- Falls v. MortensenOregon Supreme Court · 1956
- Louisville N. R. Co. v. ParkerSupreme Court of Alabama · 1931
- Howell v. BoyleOregon Supreme Court · 2013
- Scholl v. BelcherOregon Supreme Court · 1912
- Pecos & North Texas Railway Co. v. SuitorTexas Supreme Court · 1920
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