Smith v. Day
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the District of Oregon. This was an action to recover damages sustained by the plaintiff while a passenger on a steamboat belonging to a public transportation company engaged in navigating the Columbia river. The defendants were contractors engaged in the construction of lodes for the government at the cascades in said river.
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In Error to the Circuit Court of the United States for the District of Oregon. This was an action to recover damages sustained by the plaintiff while a passenger on a steamboat belonging to a public transportation company engaged in navigating the Columbia river. The defendants were contractors engaged in the construction of lodes for the government at the cascades in said river. The plaintiff, with other passengers, entered the boat of the navigation company while it was lying at a wharf on the premises reserved by the government for its work upon the locks, but which was its regular landing…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). The assignments of error relate solely to the action of the trial court in granting the defendants’ motion for a nonsuit. The only question for determination is, therefore, whether or not the evidence introduced by the plaintiff was sufficient to sustain the plaintiff’s case.
The negligence alleged in the complaint is the setting off of the blasts by the defendants at the particular time mentioned, when many persons were passing to and from the boat, and the failure of the defendants to give notice or warning to the plaintiff and others that they were about…
2Cases cited1 opinion
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
3Cited by2 opinions
- Smith v. DayU.S. Circuit Court for the District of Oregon · 1905
- Missouri Iron & Metal Co. v. CartwrightCourt of Appeals of Texas · 1918