Swensen v. Southern Pac. Co.
Oregon Supreme Court
From Polk: Harry H. Belt, Judge. Department 1. The defendant appealed from a judgment awarding the plaintiff damages for the loss of a calf and a horse struck by cars operated along an unfenced track. Between Black Rock and Salem, Oregon, a line of railway, commonly known as the Salem, Falls City & Western Railroad, is operated by the Southern Pacific Company.
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From Polk: Harry H. Belt, Judge. Department 1. The defendant appealed from a judgment awarding the plaintiff damages for the loss of a calf and a horse struck by cars operated along an unfenced track. Between Black Rock and Salem, Oregon, a line of railway, commonly known as the Salem, Falls City & Western Railroad, is operated by the Southern Pacific Company. The railroad right of way had not been fenced along its entire length and upon application of the owner of the road the Eailroad Commission, now known as the Public Service Commission, made an order on November 7,1911, relieving the…
1Opinion of the Court
HAEEIS, J. —
The only question for decision is whether the order issued by the Eailroad Commission relieved the defendant from liability for stock subsequently killed on its unfenced track; and this question is decided by determining whether or not a statute enacted in 1887 (Laws 1887, page 50), and carried into the present code as Sections 6972 to 6977, L. O. L., in-*277elusive, was repealed by an act which was passed in 1909 (Laws 1909, Chapter 158), and codified as Sections 6979 to 6983, L. O. L., inclusive; or to narrow the inquiry to two sections of the Code the question presented by this…
2Cases cited15 opinions
- Wood v. United StatesSupreme Court of the United States · 1842
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