Keeney v. Oregon Railway & Navigation Co.
Oregon Supreme Court
Appeal from Gilliam county: J. H. Bird, judge. This is an action to recover damages for the killing of certain sheep by the defendant railroad, and is based on the statute. The answer, after denying the facts alleged, sets up a further and separate defense to the effect that the killing of said sheep was caused by the negligence of one George Taylor, and without any fault or negligence in the operation of the train, etc.
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Appeal from Gilliam county: J. H. Bird, judge. This is an action to recover damages for the killing of certain sheep by the defendant railroad, and is based on the statute. The answer, after denying the facts alleged, sets up a further and separate defense to the effect that the killing of said sheep was caused by the negligence of one George Taylor, and without any fault or negligence in the operation of the train, etc. Issue being joined, a trial was had and a verdict and judgment were rendered for the plaintiff, from which this appeal is taken.
1Opinion of the CourtLord, J.
There is but one question that we deem it necessary to consider upon this record, namely, whether the evidence was sufficient to sustain the verdict. It arises out of the defendant’s motion for a non-suit. The testimony of the plaintiff, as disclosed by the record, shows that one George Taylor was tending and in charge of the sheep when killed; that the night before the killing of them occurred he drove them across the railroad track and down to the river to water them; that he sometimes watered them there, but not often, and had brought them there that. *292evening; that tbe railroad at that…
2Cases cited2 opinions
- Moses v. Southern Pacific RailroadOregon Supreme Court · 1890
- Smith v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1872
3Cited by11 opinions
- Dunlap v. DicksonOregon Supreme Court · 1988
- Parker v. ReterOregon Supreme Court · 1963
- Lemery v. LeonardOregon Supreme Court · 1921
- Jackson v. Sumpter Valley R'y Co.Oregon Supreme Court · 1908
- Bertram v. BurtonSupreme Court of Kansas · 1929
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