Bayard v. Standard Oil Co.
Oregon Supreme Court
From Wasco: Wm. L. Bradshaw, Judge. Action by C. E. Bayard and Frank Watkins, as administrators of the estate of Perry Watkins, deceased, against the Standard Oil Company to recover damages for injuries resulting in the death of their intestate, alleged to have been caused by placing an unlawful obstruction in a public highway.
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From Wasco: Wm. L. Bradshaw, Judge. Action by C. E. Bayard and Frank Watkins, as administrators of the estate of Perry Watkins, deceased, against the Standard Oil Company to recover damages for injuries resulting in the death of their intestate, alleged to have been caused by placing an unlawful obstruction in a public highway. Prior to> June 27, 1896, the defendant had constructed a foundation of brick, by the side of or near the beaten track of a publicly traveled highway, and on that day was engaged in placing an oil tank thereon ioj4 feet in diameter, and 30 feet in length, cylindrical in…
1Opinion of the CourtJustice Wolverton
The plaintiffs’ cause of action depends upon whether the oil tank was being placed within and upon a public county road. If it was, the right of recovery is clear, the other conditions being that it must have been the proximate cause of the injury, which must have been special and peculiar, — other and greater than that sustained by the public generally: Milarkey v. Foster, 6 Or. 378 (25 Am. Rep. 531); Wakeman v. Wilbur, 147 N. Y. 657 (42 N. E. 341).
1. The first question of material moment arises upon the motion for a judgment of nonsuit, and has relation to the competency of the ineffectual…
2Cases cited25 opinions
- Whitesides v. GreenUtah Supreme Court · 1896
- Shellhouse v. StateIndiana Supreme Court · 1887
- State v. AuchardMontana Supreme Court · 1898
- Wakeman v. . WilburNew York Court of Appeals · 1895
- City of Peoria v. JohnstonIllinois Supreme Court · 1870
20 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Montgomery v. SomersOregon Supreme Court · 1907
- Parrott v. StewartOregon Supreme Court · 1913
- Wallowa County v. WadeOregon Supreme Court · 1903
- SWEET v. Irrigation Canal Co.Oregon Supreme Court · 1953
- Schooling v. HarrisburgOregon Supreme Court · 1903
16 more not listed; retrieve them via the Exa API.