Legal Opinion

McConkey v. Oregon Railroad & Navigation Co.

Washington Supreme Court

Decided April 21, 1904No. 4887PublishedCited by 15 opinions

Appeal from a judgment of the superior court for Spokane county, Belt, J., entered July 3, 1903, upon sustaining a demurrer to the complaint, dismissing an action for personal injuries sustained by a pedestrian in falling through a railroad bridge.

1Opinion of the CourtHadley, J.

This is an action whereby the plaintiff seeks to recover damages for injuries received from falling through a bridge on the line of defendant’s railroad. The substantial allegations of the complaint are, that on the 16th day of November, 1902, between the hours of *56seven and eight o’clock, p. m., the plaintiff was traveling over and upon the defendant’s right of way and track from the town of Wardner, Idaho, to the town of Cataldo, Idaho; that said railway between said places is constructed and maintained through a deep and narrow canyon, with high mountains on either side, and the defendant…

2Cases cited18 opinions

  1. Reardon v. ThompsonMassachusetts Supreme Judicial Court · 1889
  2. Cusick v. . AdamsNew York Court of Appeals · 1889
  3. Sterger v. . Van SicklenNew York Court of Appeals · 1892
  4. Davis v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1883
  5. Roth v. Union Depot Co.Washington Supreme Court · 1896

13 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Potts v. AmisWashington Supreme Court · 1963
  2. Anderson v. Great Northern Railway Co.Idaho Supreme Court · 1908
  3. Saxe v. TerryWashington Supreme Court · 1926
  4. Heiman v. KloiznerWashington Supreme Court · 1926
  5. Gasch v. RoundsWashington Supreme Court · 1916

10 more not listed; retrieve them via the Exa API.

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