Brundage v. Southern Pac. Co.
Oregon Supreme Court
From Lane: George F. Skepworth, Judge. This action is brought under the Federal Employers’ Liability Act by the plaintiff, as administrator of the estate of William J. Framhein, deceased, against the defendant, to recover damages for his death while in its employ. Framhein was a telegraph inspector and lineman and it was his duty to keep the telegraph lines of the defendant in repair along its railroad tracks between Reedsport and Eugene in this state.
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From Lane: George F. Skepworth, Judge. This action is brought under the Federal Employers’ Liability Act by the plaintiff, as administrator of the estate of William J. Framhein, deceased, against the defendant, to recover damages for his death while in its employ. Framhein was a telegraph inspector and lineman and it was his duty to keep the telegraph lines of the defendant in repair along its railroad tracks between Reedsport and Eugene in this state. As a part of his equipment he was furnished with a speeder on which he traveled by rail from place to place in the discharge of his duties. On…
1Opinion of the Court
JOHNS, J. —
1. "While there are no specific allegations made in the complaint, of the failure and neglect to promulgate and enforce rules and regulations, yet under the authority of Wild v. Oregon Short Line Co., 21 Or. 159 (27 Pac. 954), the allegations made are broad *488enough to permit proof of any such failure and neglect as tending to show negligence. It appears from the record that the plaintiff did not offer any testimony whatever as to any rules or regulations of any kind or for any purpose, or as to the failure of the- defendant to adopt any rules and regulations for the conduct of its…
2Cases cited8 opinions
- Wagner v. PortlandOregon Supreme Court · 1902
- Ferrari v. Beaver Hill Coal Co.Oregon Supreme Court · 1909
- Seabrook v. Coos Bay Ice Co.Oregon Supreme Court · 1909
- Wild v. Oregon Short Line, etc., Ry. Co.Oregon Supreme Court · 1891
- Chadwick v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1914
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ritter v. BEALSOregon Supreme Court · 1961
- Wintermute v. Oregon-Wash. R. & N. Co.Oregon Supreme Court · 1921
- Cheffings v. HinesOregon Supreme Court · 1922
- Ritter v. BEALSOregon Supreme Court · 1961