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…
1ConcurrenceHarris, J.
(Concurring Specially). — While riding on a motor car or speeder William J. Framhein was killed by colliding with a train in tunnel No. á on the Willamette Pacific Railroad which extends from Marshfield to Eugene where physical connection is made with a main line of the Southern Pacific system. The Willamette Pacific Railroad was still in course of construction when the fatal accident occurred on June 26, 1916, and was still under the control of the defendant’s construction department, although a mixed train ran according to a regularly issued time-table and a tri-weekly freight train was…
2Cases cited19 opinions
- Jacobs v. Southern Railway Co.Supreme Court of the United States · 1916
- Galvin v. Brown & McCabeOregon Supreme Court · 1909
- Grow v. Oregon Short Line Ry. Co.Utah Supreme Court · 1913
- Darracott v. Chesapeake & Ohio R. R.Supreme Court of Virginia · 1887
- Southern Railway Co. v. SandersCourt of Appeals of Kentucky · 1911
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