Plinkiewisch v. Portland Ry. L. & P. Co.
Oregon Supreme Court
From Multnomah: Earl C. Bronaugh, Judge. Statement by Mr. Justice McBride. This is an action by Edward Plinkiewisch, administrator of the estate of Otto Brandes, deceased, against the Portland Railway, Light & Power Company, a corporation. The facts as disclosed at the trial are as follows: Plaintiff’s intestate was struck and killed by one of defendant’s street cars, and this is an action to recover damages sustained by his estate by reason of such accident.
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From Multnomah: Earl C. Bronaugh, Judge. Statement by Mr. Justice McBride. This is an action by Edward Plinkiewisch, administrator of the estate of Otto Brandes, deceased, against the Portland Railway, Light & Power Company, a corporation. The facts as disclosed at the trial are as follows: Plaintiff’s intestate was struck and killed by one of defendant’s street cars, and this is an action to recover damages sustained by his estate by reason of such accident. It is alleged that defendant was negligent in the following particulars: (1) In using a worthless and insufficient fender, different…
1Opinion of the CourtJustice McBride
1. It is evident from the testimony that the negligence of the deceased was the proximate cause of his death. *502He neither looked nor listened, nor took any precautions to insure his own safety, when it is evident that even a casual glance would have made known the fact that defendant’s car was in close proximity. In addition to this he was attempting to cross the street, not at the crosswalk, but at an unusual place and under unusual circumstances, as his presence was concealed by the car that he had just left, until he approached within a few feet of the track.
2. Even if he had been observed…
2Cases cited3 opinions
- Dyerson v. Union Pacific RailroadSupreme Court of Kansas · 1906
- Rider v. Syracuse Rapid Transit Railway Co.New York Court of Appeals · 1902
- Holmes v. South Pacific Coast RailwayCalifornia Supreme Court · 1893
3Cited by16 opinions
- Mosso v. E. H. Stanton Co.Washington Supreme Court · 1913
- City of Jacksonville v. BowdenSupreme Court of Florida · 1914
- Southern Ry. Co. v. WhaleyTennessee Supreme Court · 1936
- State v. Great Northern Railway Co.North Dakota Supreme Court · 1926
- Ferrage v. Honolulu Rapid Transit & Land Co.Hawaii Supreme Court · 1917
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