Legal Opinion

Emerson v. Portland, E. & E. R.

Oregon Supreme Court

Decided July 24, 1917Published

From Multnomah: William N. G-atens, Judge. Action by S. E. Emerson against the Portland, Eugene & Eastern Railroad Company, a corporation, to recover damages for a personal injury. From a judgment in favor of plaintiff, defendant appealed. Affirmed. Department 2. Statement by Mr. Chief Justice McBride. This is an action to recover damages for a personal injury received by plaintiff and occasioned by a handcar upon which plaintiff was injured.

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From Multnomah: William N. G-atens, Judge. Action by S. E. Emerson against the Portland, Eugene & Eastern Railroad Company, a corporation, to recover damages for a personal injury. From a judgment in favor of plaintiff, defendant appealed. Affirmed. Department 2. Statement by Mr. Chief Justice McBride. This is an action to recover damages for a personal injury received by plaintiff and occasioned by a handcar upon which plaintiff was injured. The action was brought under the Federal Employers’ Liability Act. The complaint alleged that on August 24, 1913, plaintiff was engaged as a laborer…

1Opinion of the Court

Opinion by

Mr. Chief Justice McBride.

There is little dispute concerning the facts in this case, which are these: The defendant was engaged in constructing a line of railroad from Corvallis to Eugene through the town of Monroe, which is an intermediate point between Corvallis and Eugene. The Corvallis and Alsea Railroad Company had a line of road running from Corvallis to Monroe, a distance of about eighteen miles, which defendant purchased to be used in making a part of the connection. This purchase was made in 1912. The road was not in good condition when purchased not being properly…

2Cases cited14 opinions

  1. Galvin v. Brown & McCabeOregon Supreme Court · 1909
  2. Knahtla v. Oregon Short Line, etc., Ry. Co.Oregon Supreme Court · 1891
  3. Anderson v. BennettOregon Supreme Court · 1888
  4. Boothe v. Farmers & Traders Nat. BankOregon Supreme Court · 1908
  5. Miller v. Southern Pacific Co.Oregon Supreme Court · 1891

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