Pfeiffer v. Oregon-Washington R. & N. Co.
Oregon Supreme Court
From Union: John W. Knowles, Judge. In Banc. Statement by Mr. Justice' Bean. This is an action by H. M. Pfeiffer against tbe Oregon-Wasbington Railroad & Navigation Company, a corporation, for negligence under tbe Federal Employers’ Liability Act. A verdict was rendered in favor of tbe plaintiff, and, from a judgment entered tbereon, tbe defendant appeals.
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From Union: John W. Knowles, Judge. In Banc. Statement by Mr. Justice' Bean. This is an action by H. M. Pfeiffer against tbe Oregon-Wasbington Railroad & Navigation Company, a corporation, for negligence under tbe Federal Employers’ Liability Act. A verdict was rendered in favor of tbe plaintiff, and, from a judgment entered tbereon, tbe defendant appeals. Tbe gist of tbe alleged negligence of tbe defendant is that one J. W. Hampson, an engineer of tbe defendant, recklessly, carelessly and negligently moved engine No. 533, in bis charge, from its position on a passing track, without any…
1Opinion of the CourtJustice Bean
1. It is first assigned that the trial court erred in permitting the plaintiff to testify to the contents of a work order sent to him from La Grande, directing that engine 533 be taken from Pilot Rock Junction to Umatilla. The defendant claims that no proper foundation was laid as a basis for secondary evidence. In regard to this, plaintiff asserted that while at Pendleton he received an order concerning what he should do at Pilot Rock Junction; that after he got hurt he left his orders in the engine; and that he had not seen that order since. It was disclosed that a demand was served upon…
2Cases cited16 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Norfolk & Western Railway Co. v. EarnestSupreme Court of the United States · 1913
- Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Holden v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
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3Cited by3 opinions
- Sorenson v. KribsOregon Supreme Court · 1916
- Morata v. Oregon-Wash. R. & N. Co.Oregon Supreme Court · 1918
- Thomas v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1917