Legal Opinion

Dubiver v. City Railway Co.

Oregon Supreme Court

Decided January 11, 1904PublishedCited by 16 opinions

From Multnomah : Melvin C. George, Judge. This is an action by William Dubiver, through his guardian ad litem, against the City & Suburban Railway Company, to recover damages for an injury to the plaintiff said to have been caused by the carelessness of defendant’s servants. The defendant operates an electric street railway, with double tracks, upon First Street, in the City of Portland.

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From Multnomah : Melvin C. George, Judge. This is an action by William Dubiver, through his guardian ad litem, against the City & Suburban Railway Company, to recover damages for an injury to the plaintiff said to have been caused by the carelessness of defendant’s servants. The defendant operates an electric street railway, with double tracks, upon First Street, in the City of Portland. David Dubiver, the father and guardian ad litem of William Dubiver, a minor, was on November 21,1902, occupying a store on the southeast corner of First and Jefferson streets, and William was engaged in…

1Opinion of the CourtJustice Wolverton

The trial court, after instructing the jury as to the law relative to contributory negligence, proceeded to say: “But in the case of children the court cannot say this as a matter of law. In such cases it is more or less a mixed question of law and fact”—and further instructed as follows:

“ The evidence shows that plaintiff’s minor was at the time a minor somewhere about fifteen years of age. This fact, hbwmver,does not excuse him from the obligation to exercise care according to his knowledge and capacity to understand danger, as boys of that age ordinarily are, and to use ordinary care to…

2Cases cited19 opinions

  1. Railroad Co. v. StoutSupreme Court of the United States · 1874
  2. Railroad Co. v. GladmonSupreme Court of the United States · 1873
  3. Cooper v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1887
  4. Plumley v. BirgeMassachusetts Supreme Judicial Court · 1878
  5. Kline v. Cent. Pac. R.R.California Supreme Court · 1869

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3Cited by16 opinions

  1. Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
  2. Macdonald v. O'ReillyOregon Supreme Court · 1904
  3. Domingo v. PhillipsIdaho Supreme Court · 1964
  4. Simmons v. HOLMOregon Supreme Court · 1961
  5. Cooper v. North Coast Power Co.Oregon Supreme Court · 1926

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