York v. Southern Pac. Co.
Oregon Supreme Court
From Tillamook: George R. Bagley, Judge. Statement by Mr. Justice Moore. This action was instituted under the Federal Employers ’.Liability Act by Johanna York, the widow and administratrix of Lewis York, against the Southern Pacific Company and the Pacific Railway & Navigation Company, corporations, to recover damages resulting from the death of her husband which is averred to have been caused by the carelessness of the defendants’ agents while he was employed on a work…
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From Tillamook: George R. Bagley, Judge. Statement by Mr. Justice Moore. This action was instituted under the Federal Employers ’.Liability Act by Johanna York, the widow and administratrix of Lewis York, against the Southern Pacific Company and the Pacific Railway & Navigation Company, corporations, to recover damages resulting from the death of her husband which is averred to have been caused by the carelessness of the defendants’ agents while he was employed on a work train on an alleged interstate railroad, extending from Hillsboro, Oregon, to Tillamook, in this state. The complaint…
1DissentJustice Bean
delivered the following dissenting opinion:
As I view this case the solution thereof depends upon the determination of a question of fact. This *704is demonstrated by the majority opinion by the learned justice in that part wherein it is found in effect that it was the duty of York, the decedent, to have boarded the cars before they were in motion at a different place from that at which he attempted to do so. To quote the exact language of the opinion:
“Mr. York having been in the employ of defendants more than a year and engaged in the service which he was performing when he was hurt, must have…
2Cases cited7 opinions
- Texas & Pacific Railway Co. v. MurphyTexas Supreme Court · 1876
- Johnson v. West Chester & Philadelphia RailroadSupreme Court of Pennsylvania · 1872
- Louisville & Nashville Railroad v. BargainierSupreme Court of Alabama · 1910
- Kansas City S. Ry. Co. v. BillingsleaCourt of Appeals for the Fifth Circuit · 1902
- Eidem v. Chicago, Rock Island & Pacific Railway Co.Appellate Court of Illinois · 1910
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