Pointer v. Klamath Falls Land Co.
Oregon Supreme Court
From Klamath: George Noland, Judge. This is an action by H. E. Pointer against the Klamath Falls Land and Transportation Company, to recover for personal injuries. The facts brought out at the trial are set forth in the opinion. From a judgment in favor of plaintiff, the defendant appeals.
1Opinion of the CourtJustice McBride
The defendant had constructed a street railway in Klamath Falls, and plaintiff, while driving ' a wagon heavily loaded with lumber along one of the streets, found it necessary to make a turn, and in doing so ran against a rail that projected above the surface of'the street, and he was thrown from his wagon and seriously injured. *439Plaintiff claims that the injury resulted from the careless and negligent manner in which the rails were left projecting above the surface of the street, whereas the ordinance granting the franchise required that the rails should be maintained flush with the pavement.…
2Cited by8 opinions
- Lee Moor Contracting Co. v. BlantonArizona Supreme Court · 1937
- Silver Falls Timber Co. v. Eastern & Western Lumber Co.Oregon Supreme Court · 1934
- Lehman v. KnottOregon Supreme Court · 1921
- Elmer S. Nelson and Mabel R. Nelson v. Thomas Brames and Marilyn C. BramesCourt of Appeals for the Tenth Circuit · 1957
- Moss v. TaylorUtah Supreme Court · 1928
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