Seffert v. Northern Pacific Railway Co.
Oregon Supreme Court
From Columbia: Thomas A. McBride, Judge. Statement by Mr. Justice Eakin. This is an action by respondent, Ervin Seifert, against the Northern Pacific Bailway Co. to recover the value of a cow killed by a train of the appellant at Deer Island Station.
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From Columbia: Thomas A. McBride, Judge. Statement by Mr. Justice Eakin. This is an action by respondent, Ervin Seifert, against the Northern Pacific Bailway Co. to recover the value of a cow killed by a train of the appellant at Deer Island Station. Bespondent’s cow was at large on the range with other cattle, and, at the time of the killing, was grazing on the side track of appellant at said station about 600 feet north of the south end of the side track, and about 200 feet north of a car standing on the side track. The south end of the side track is about a quarter of a mile north of the…
1Opinion of the CourtJustice Eakin
1. After the evidence was taken, appellant’s counsel moved the court for judgment on the pleadings for the reason that the denial of the reply is insufficient to put at issue the affirmative allegations of the answer. The denial of the reply is in the following words:
“Denies each and every allegation thereof except such facts as are set forth in this plaintiff’s complaint admitted by said answer.”
This is equivalent to a denial of each and every allegation of the answer except as in the complaint alleged. The answer to the complaint, after the denial, which is positive and general, by…
2Cases cited8 opinions
- Griffin v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Salem Traction Co. v. AnsonOregon Supreme Court · 1902
- Astoria Railroad v. KernOregon Supreme Court · 1904
- Watkinds v. Southern Pac. R. Co.District Court, D. Oregon · 1889
- Burley v. German-American BankSupreme Court of the United States · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Van De Wiele v. GarbadeOregon Supreme Court · 1912
- Eugene v. LowellOregon Supreme Court · 1914
- Singer v. Pearson-Page Co.Oregon Supreme Court · 1911
- Lee v. EllisOregon Supreme Court · 1927
- Walker v. WarringOregon Supreme Court · 1913
4 more not listed; retrieve them via the Exa API.