Todd v. Pacific Ry. & Navigation Co.
Oregon Supreme Court
From Tillamook: William Galloway, Judge. Statement by Mr. Chief Justice Eakin. This is an action by H. M. Todd against the Pacific Railway & Navigation Company, to recover damages for an injury to plaintiff’s horse. At the time of the alleged injury, defendant was constructing a railroad in Tillamook County, a part of which was a trestle.
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From Tillamook: William Galloway, Judge. Statement by Mr. Chief Justice Eakin. This is an action by H. M. Todd against the Pacific Railway & Navigation Company, to recover damages for an injury to plaintiff’s horse. At the time of the alleged injury, defendant was constructing a railroad in Tillamook County, a part of which was a trestle. Plaintiff’s horse was of the alleged value of $125. He permitted it to run at large in the vicinity of the railroad construction, and it went upon the trestle, fell between the timbers, and was thereby injured, from the effects of which it died. It is…
1Opinion
Decided July 18, 1911.
On the Merits.
[117 Pac. 300.]
Reversed. For appellant there was a brief over the names of Messrs. Snow & McCamant, with an oral argument by Mr. Zera Snow. For respondent there was a brief and oral arguments by Messrs. Talmage & Johnson.
Opinion by
Mr. Chief Justice Eakin.
It is conceded by plaintiff that defendant’s liability must depend upon whether the injury was the result of defendant’s negligence, and that the statutory duty to fence the railroad track does not apply in this case, but that the liability of defendant depends upon whether it was negligence to leave…
2Cases cited21 opinions
- Faris v. HobergIndiana Supreme Court · 1893
- Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
- Nolan v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1885
- Williams v. Michigan Central RailroadMichigan Supreme Court · 1851
- Hughes v. Hannibal & St. Jo. R. R.Supreme Court of Missouri · 1877
16 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Todd v. Pacific Ry. & Navigation Co.Oregon Supreme Court · 1910