Brown v. Southern Pacific Co.
Oregon Supreme Court
From Marion : George H. Burnett, Judge. This is an action by Sam H. Brown to recover from the Southern Pacific Company the damages caused by the killing of four of plaintiff’s cows by one of defendant’s locomotives.
Read the full summary
From Marion : George H. Burnett, Judge. This is an action by Sam H. Brown to recover from the Southern Pacific Company the damages caused by the killing of four of plaintiff’s cows by one of defendant’s locomotives. The negligence alleged as constituting the cause of action is defendant’s failure to place gates or bars at the intersection of its right of way with a private road crossing a farm cultivated by plaintiff, in consequence of which said cows got upon the track and were killed. The answer, after denying the material allegations of the complaint, avers that on November 10, 1870,…
1Opinion of the CourtJustice Moore
1. The question presented for consideration is as to whether the covenant in the deed of Samuel Brown and wife to the Oregon & California Railroad Company created a charge upon their estate running with the land, and binding upon plaintiff. The said covenant is as follows : “And we further agree to build and maintain a fence on such side of said railroad through the premises herein, north of the town of Gervais, or not hold such railroad responsible for any damage done to stock belonging to us.” The right to have a division fence built or repaired by an adjoining proprietor is a benefit to…
2Cases cited11 opinions
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
- Norman v. WellsNew York Supreme Court · 1837
- Beach v. . CrainNew York Court of Appeals · 1848
- Kellogg v. RobinsonSupreme Court of Vermont · 1834
- Wabash Railway Co. v. WilliamsonIndiana Supreme Court · 1885
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Sexauer v. WilsonSupreme Court of Iowa · 1907
- Duester v. AlvinOregon Supreme Court · 1915
- Pearson v. RichardsOregon Supreme Court · 1922
- Bradford Realty Corporation v. BeetzSupreme Court of Connecticut · 1928
- Huff v. DuncanOregon Supreme Court · 1972
5 more not listed; retrieve them via the Exa API.