Kunz v. Oregon Railroad & N. Co.
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Moore. This is an action by Martha M. Kunz, as administratrix of the estate of her husband, David H. Kunz, against the Oregon Railroad & Navigation Company, a corporation, to recover damages occasioned by his death, which was caused November 21, 1904, by his being struck by a locomotive drawing a passenger train as he was crossing the defendant’s railroad, at grade on a public highway within the corporate…
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From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Moore. This is an action by Martha M. Kunz, as administratrix of the estate of her husband, David H. Kunz, against the Oregon Railroad & Navigation Company, a corporation, to recover damages occasioned by his death, which was caused November 21, 1904, by his being struck by a locomotive drawing a passenger train as he was crossing the defendant’s railroad, at grade on a public highway within the corporate limits of the City of Portland. The negligence alleged as a basis for the recovery is, in effect, that the defendant’s…
1Opinion
Decided March 17, 1908.
On Motion for Rehearing.
[94 Pac. 504.]
2Opinion of the CourtJustice Moore
8. In a petition for a rehearing it is insisted by defendant’s counsel that in the former opinion herein, a correct application of the law was not made to the facts involved in declaring that, in the absence of any evidence to the contrary, Mr. Kunz was authorized to presume that the defendant’s agents would obey the provisions of the ordinance, and not operate .the train at a greater rate of speed than six miles an hour, as limited by the municipal regulation. It is argued that the testimony given at the trial and certain…
3Cases cited9 opinions
- Evison v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1891
- Correll v. B. C. R. & M. R. R. Co.Supreme Court of Iowa · 1874
- Korrady v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1892
- Hill v. MooreTexas Supreme Court · 1892
- Meyers v. C., R. I. & P. R.Supreme Court of Iowa · 1881
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