Oberlin v. Oregon-Washington R. & N. Co.
Oregon Supreme Court
From Multnomah.: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice Burnett. This is an action by Frank R. Oberlin against the Oregon-Washington Railroad & Navigation Company, brought under the act of Congress of April 22, 1908 (35 TJ. S. Stat.'65, c. 149), commonly known as the Federal Employers’ Liability Act.
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From Multnomah.: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice Burnett. This is an action by Frank R. Oberlin against the Oregon-Washington Railroad & Navigation Company, brought under the act of Congress of April 22, 1908 (35 TJ. S. Stat.'65, c. 149), commonly known as the Federal Employers’ Liability Act. The substance of the complaint is that the defendant at all the times mentioned was a railway common carrier engaged in interstate commerce between the States of Oregon and Washington and other states, and the plaintiff was in its employ in the prosecution of that…
1Opinion of the CourtJustice Burnett
1. The principal question to be determined is whether or not the case is one to be controlled by the Federal Employers’ Liability Act. That statute provides :
“That every common carrier by railroad while engaging in commerce between any of the several states * * shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce * * for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars,…
2Cases cited23 opinions
- Second Employers'liability CasesSupreme Court of the United States · 1912
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- Northern Pac. Ry. Co. v. MaerklCourt of Appeals for the Ninth Circuit · 1912
- Knahtla v. Oregon Short Line, etc., Ry. Co.Oregon Supreme Court · 1891
18 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Poole v. TilfordOregon Supreme Court · 1921
- Western & Atlantic Railroad v. LochridgeCourt of Appeals of Georgia · 1929
- State v. StilwellOregon Supreme Court · 1923
- Kamboris v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1915
- Adams v. Corvallis & E. R. Co.Oregon Supreme Court · 1915
7 more not listed; retrieve them via the Exa API.