Rush v. Oregon Power Co.
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice Moore. This is a suit by Mark Rush-against the Oregon Water Power & Ry. Co., a corporation, to recover damages for a personal injury suffered by the plaintiff while engaged as a brakeman in the employ of the defendant.
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From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice Moore. This is a suit by Mark Rush-against the Oregon Water Power & Ry. Co., a corporation, to recover damages for a personal injury suffered by the plaintiff while engaged as a brakeman in the employ of the defendant. The negligence stated in the complaint is the failure of the defendant to inspect two freight cars, the brakes of which, it is alleged, were out of order and so defective that they would not hold when the cars were loaded, and also the heedless putting into a train, without examination, other cars on which…
1Opinion of the CourtJustice Moore
It is contended by plaintiff’s counsel that an error was committed in granting the nonsuit. The consideration *521of this question necessitates an examination of the testimony relating to the place, cause, and circumstances attending the injury. It appears that the defendant owns a standard-gauge railroad which is built from Portland to other places, and operates on its lines by electricity, cars for transporting passengers and freight, and maintains in such city a power house, to which extends from its main line a spur, and that other side tracks form at that place a yard where motors and cars…
2Cases cited7 opinions
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
- Johnston v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1892
- Miller v. Southern Pacific Co.Oregon Supreme Court · 1891
- Geldard v. MarshallOregon Supreme Court · 1903
- Duntley v. InmanOregon Supreme Court · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Woods v. WikstromOregon Supreme Court · 1913
- Doyle v. Southern Pac. Co.Oregon Supreme Court · 1910
- Campbell v. Southern Pacific Co.Oregon Supreme Court · 1926
- Richardson v. Klamath S. S. Co.Oregon Supreme Court · 1912
- Moulton v. St. Johns Lumber Co.Oregon Supreme Court · 1912
3 more not listed; retrieve them via the Exa API.