Woodward v. O. R. & N. Co.
Oregon Supreme Court
Appeal from the circuit court for Multnomah county. This is an action to recover damages arising from the alleged negligence of the defendant.
Read the full summary
Appeal from the circuit court for Multnomah county. This is an action to recover damages arising from the alleged negligence of the defendant. The complaint alleges in substance that on January 12, 1884, while employed by the defendant as locomotive engineer npon a freight train, and while at Grant’s station, in Wasco county, Oregon, the plaintiff was ordered by the defendant to take Lis train to Dalles City, “regardless of all other trains;” that notwithstanding this order the company permitted another train to start about the same time from Dallos City in the direction of said Grant's…
1Opinion of the CourtStrahan, J.
The question presented by this record for our consideration arises out of the exception taken by the appellant to the charge of the court, and to the refusal 01 the court to give an instruction asked by the defendant. Amongst other instructions the court gave the jury the following, to which the defendant duly excepted:
3. The jury, in determining this question of negligence, should consider all the facts presented by the evidence. They should take into consideration the rules of the defendant company, the situation of the Celilo station, the grade of the road, the curves, the obstructions to…
2Cases cited10 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Ohio & Mississippi Railway Co. v. SelbyIndiana Supreme Court · 1874
- Chicago Burlington & Quincy Railroad v. HarwoodIllinois Supreme Court · 1878
- Breon v. HenkleOregon Supreme Court · 1887
- Edens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Chicago City Railway Co. v. JenningsIllinois Supreme Court · 1895
- Knahtla v. Oregon Short Line, etc., Ry. Co.Oregon Supreme Court · 1891
- Anderson v. Oregon RailroadOregon Supreme Court · 1904
- Cederson v. Oregon Navigation Co.Oregon Supreme Court · 1900
- Godvig v. LopezOregon Supreme Court · 1949
26 more not listed; retrieve them via the Exa API.