Wellman v. Oregon Short Line, etc. Ry. Co.
Oregon Supreme Court
Defendant appeals. It is claimed by the plaintiff that one Fred Wellman was killed through and by the negligence of the defendant, and this action is prosecuted by his administrator to recover damages for such alleged negligence.
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Defendant appeals. It is claimed by the plaintiff that one Fred Wellman was killed through and by the negligence of the defendant, and this action is prosecuted by his administrator to recover damages for such alleged negligence. The complaint charges the negligence thus: “That on the sixteenth day, of January, 1890, plaintiff’s intestate, Fred Wellman, was in the employ of the defendant in the capacity of fireman on one of defendant’s locomotive engines; and at the time of the injury and death of said Fred Well-man, hereinafter set out, said Wellman was in the proper discharge of his duty as…
1Per curiam
The errors relied upon on this appeal relate altogether to the giving and refusal of instructions by the trial court. The court among other things instructed the jury as follows: “9. And so if at the time he was killed, he was engaged in clearing the track of snow or ice, or assisting others to do so, and his death was occasioned by the carelessness of his fellow-servants, or by any cause which from the nature of that work was liable to happen to him without the negligence of the defendant, and did so happen to him, the defendant is not liable in this case.” This instruction was given at the…
2Cases cited1 opinion
- Galveston, Harrisburg & San Antonio Railway Co. v. SmithTexas Supreme Court · 1890
3Cited by12 opinions
- Farmers' National Bank v. WoodellOregon Supreme Court · 1900
- Smitson v. Southern Pacific Co.Oregon Supreme Court · 1900
- Grant v. MilamSupreme Court of Oklahoma · 1908
- Missouri, O. & G. Ry. Co. v. SmithSupreme Court of Oklahoma · 1916
- Fisher v. Oregon Short Line, Ry. Co.Oregon Supreme Court · 1892
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