Legal Opinion
Hazle v. Southern Pac. Co.
U.S. Circuit Court for the District of Oregon
Decided October 16, 1909No. 3,414PublishedCited by 15 opinions
Action by D. W. Hazle against the Southern Pacific Company.
1Opinion of the Court
WOLVERTON, District Judge.
The question is presented here, by a demurrer to the complaint, whether the defendant was guilty of willful and wanton negligence in running its locomotive upon the plaintiff and injuring him, for which injury he claims damages. The complaint shows that a pathway crosses the track of defendant's road within the boundaries of the city of Medford, which is and has *432been used by the public for more than 10 years last past; and thereupon it proceeds as follows:
“That on the 5th day of October, 1908, the plaintiff, while crossing the railway track of the defendant at said…
2Cases cited4 opinions
- Chicago & Eastern Illinois Railroad v. HedgesIndiana Supreme Court · 1885
- Birmingham Railway & Electric Co. v. BowersSupreme Court of Alabama · 1895
- Louisville & Nashville Railroad v. AnchorsSupreme Court of Alabama · 1896
- Ivens v. Cincinnati, Wabash & Michigan Railway Co.Indiana Supreme Court · 1885
3Cited by15 opinions
- Adkisson v. City of SeattleWashington Supreme Court · 1953
- Inter-City Trucking Co. v. DanielsTennessee Supreme Court · 1944
- Ohio Casualty Ins. Co. v. Welfare Finance Co.Court of Appeals for the Eighth Circuit · 1934
- Stagner v. CraigTennessee Supreme Court · 1929
- United States v. HouffDistrict Court, W.D. Virginia · 1962
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