Kunz v. Oregon Railroad & N. Co.
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Moore. This is an action by Martha M. Kunz, as administratrix of the estate of her husband, David H. Kunz, against the Oregon Railroad & Navigation Company, a corporation, to recover damages occasioned by his death, which was caused November 21, 1904, by his being struck by a locomotive drawing a passenger train as he was crossing the defendant’s railroad, at grade on a public highway within the corporate…
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From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Moore. This is an action by Martha M. Kunz, as administratrix of the estate of her husband, David H. Kunz, against the Oregon Railroad & Navigation Company, a corporation, to recover damages occasioned by his death, which was caused November 21, 1904, by his being struck by a locomotive drawing a passenger train as he was crossing the defendant’s railroad, at grade on a public highway within the corporate limits of the City of Portland. The negligence alleged as a basis for the recovery is, in effect, that the defendant’s…
1Opinion of the CourtJustice Moore
Numerous errors are assigned by plaintiff’s counsel on the ground that the court rejected testimony which he offered, and also admitted on the cross-examination of his witnesses testimony which the defendant’s counsel was permitted, over objection and exception, to elicit. If it be conceded that the court’s rulings in these respects were erroneous, the action complained of would not be prejudicial, provided the judgment of nonsuit was properly given. To determine this question, the locus in quo will be particularly described, and the testimony introduced by the plaintiff’s counsel, together…
2Cases cited14 opinions
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Cleveland, Cincinnati, Columbus & Indianapolis Railway Co. v. HarringtonIndiana Supreme Court · 1892
- Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Fish v. Southern Pacific Co.Oregon Supreme Court · 1943
- Neary v. Northern Pacific Railway Co.Montana Supreme Court · 1910
- Cathcart v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1917
- Morgan v. BrossOregon Supreme Court · 1913
- Lewis v. Rio Grande Western Ry. Co.Utah Supreme Court · 1912
9 more not listed; retrieve them via the Exa API.