Maynard v. Oregon Railroad
Oregon Supreme Court
From Union: Robert Eakin, Judge. Statement by Mr. Justice Wolverton. This is an action by H. Maynard for a personal injury alleged to have been- caused by the negligence of the Oregon Railroad & Navigation Co., its agents and employees, in suffering and permitting a moving passenger train of cars, upon which plaintiff was being carried as a passenger, to come.into collision with a freight train.
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From Union: Robert Eakin, Judge. Statement by Mr. Justice Wolverton. This is an action by H. Maynard for a personal injury alleged to have been- caused by the negligence of the Oregon Railroad & Navigation Co., its agents and employees, in suffering and permitting a moving passenger train of cars, upon which plaintiff was being carried as a passenger, to come.into collision with a freight train. Plaintiff secured a verdict and judgment in the circuit court, and defendant appeals. A judgment for plaintiff was reversed on a previous appeal.
1Opinion of the Court
Mr.- Justice Wolverton
delivered the opinion of the court.
■ The first question which is brought to our notice arises from the admission of certain testimony, and the next from the refusal of the court to take from the jury certain other testimony on motion of the defendant. The plaintiff, a witness in his own behalf, testified, among other things, in substance, that, while riding on a passenger train of the defendant, in a small room in the front end of the first passenger coach back of the baggage ear, and when getting on his feet, a collision occurred between said train and a freight train,…
2Cases cited26 opinions
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
- Kennon v. GilmerSupreme Court of the United States · 1889
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Giffen v. City of LewistonIdaho Supreme Court · 1898
- Augusta & Summerville Railroad v. Randall & WifeSupreme Court of Georgia · 1890
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3Cited by32 opinions
- Merrill v. Los Angeles Gas Elec. Co.California Supreme Court · 1910
- Sullivan v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Camenzind v. Freeland Furniture Co.Oregon Supreme Court · 1918
- Silver Falls Timber Co. v. Eastern & Western Lumber Co.Oregon Supreme Court · 1934
- Fehely v. SendersOregon Supreme Court · 1943
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