Jackson v. Sumpter Valley R'y Co.
Oregon Supreme Court
From Baker: William Smiti-i, Judge. Statement by Mr. Commissioner Slater. Plaintiff sues on two canses of action to recover in damages the value of some of his milch cows, which were killed and injured by defendant’s moving railroad cars and engine on its track near the town of Sumpter, in Baker County. A nonsuit was granted as to the first canse of action, which is not to be considered here.
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From Baker: William Smiti-i, Judge. Statement by Mr. Commissioner Slater. Plaintiff sues on two canses of action to recover in damages the value of some of his milch cows, which were killed and injured by defendant’s moving railroad cars and engine on its track near the town of Sumpter, in Baker County. A nonsuit was granted as to the first canse of action, which is not to be considered here. For the second cause of action it is averred that a number of plaintiff’s cows, on August 6, 1906, went upon defendant’s unfeneed track, and four of them were killed and two were injured by one of…
1Opinion of the Court
Opinion by
Mr. Commissioner Slater.
1. The first and principal error relied upon to reverse the judgment is the denial by the court of defendant’s motion for . a nonsuit to the second cause of action. In this State contributory negligence is a matter of defense, and the burden of establishing it is on the defendant:- Johnston v. O. S. L. Ry. Co. 23 Or. 94 (31 Pac. 283); Grant v. Baker, 12 Or. 329 (7 Pac. 318). But, if plaintiff’s declaration or evidence establishes his own contributory negligence, it bars his recovery,- no matter where the burden rests: 7 Am. & Eng. Ency. (2 ed.), 454; Tucker…
2Cases cited20 opinions
- Robinson v. ConeSupreme Court of Vermont · 1850
- Johnston v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1892
- Brown v. Oregon Lumber Co.Oregon Supreme Court · 1893
- Grant v. BakerOregon Supreme Court · 1885
- Milburn v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
15 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Saylor v. Enterprise Electric Co.Oregon Supreme Court · 1924
- Doyle v. Southern Pac. Co.Oregon Supreme Court · 1910
- Herrick v. BarzeeOregon Supreme Court · 1920
- Edlefson v. Portland Ry., Light & Power Co.Oregon Supreme Court · 1913
- Flatman v. Lulay Bros. Lumber Co.Oregon Supreme Court · 1944
3 more not listed; retrieve them via the Exa API.