Legal Opinion

Chow v. Brockway

Oregon Supreme Court

Decided December 21, 1891PublishedCited by 7 opinions

Plaintiff appeals. (McKinley Fel. Serv. § 30; Bryant v. Burlington, etc. B. R. Co. 66 Iowa, 305; 55 Am. Rep. 275; Howland v. Mihvaukee, etc. Ry.

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Plaintiff appeals. (McKinley Fel. Serv. § 30; Bryant v. Burlington, etc. B. R. Co. 66 Iowa, 305; 55 Am. Rep. 275; Howland v. Mihvaukee, etc. Ry. Co. 54 Wis. 226; Brick v. Rochester, N. Y. & F. R. R. Co. 98 N. Y. 211.) But in the case of a servant or train-hand engaged in the operation of the road, or riding on the road in the ordinary course of business, it is implied as a part of the contract of employment-that the master shall observe all the care which the exigencies of the situation reasonably require, in furnishing and maintaining a track and road-bed adequately safe for use.

1Opinion of the Court

County Covets — Estates—Jurisdiction First Assumed. — When one county-court lias regularly assumed and is exercising jurisdiction over the estate of a deceased person, it necessarily excludes every other county court from thereafter assuming jurisdiction over the matter.

Coroners — Statutory Proceeding. — The disposition of the property of a decedent by a coroner is a statutory proceeding, and the requirements of the law in that respect must be strictly complied with by one seeking to defend his possession or expenditure of a decedent’s property on that ground.

Administrator de Son Tort —…

2Cited by7 opinions

  1. In Re Workman's EstateOregon Supreme Court · 1936
  2. Matlock v. MatlockOregon Supreme Court · 1918
  3. Slate v. HenkleOregon Supreme Court · 1904
  4. Henkle v. SlateOregon Supreme Court · 1902
  5. Kladivo v. SulekSupreme Court of Iowa · 1920

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