Wade v. City Railway Co.
Oregon Supreme Court
From Multnomah : Alfred F. Sears, Jr., Judge. Action by A. F. Wade against the City & Suburban Railway Company to recover damages for the death of plaintiff’s child, aged three and one-half years, caused by the alleged negligence of the defendant corporation in operating one of its electric cars at a dangerous and reckless rate of speed on G-lisan Street, in the City of Portland.
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From Multnomah : Alfred F. Sears, Jr., Judge. Action by A. F. Wade against the City & Suburban Railway Company to recover damages for the death of plaintiff’s child, aged three and one-half years, caused by the alleged negligence of the defendant corporation in operating one of its electric cars at a dangerous and reckless rate of speed on G-lisan Street, in the City of Portland. The answer denies the negligence charged, and, as a defense, alleges the contributory negligence of the plaintiff. After a trial before a jury, a judgment was rendered in favor of plaintiff for $800 and costs, from…
1Opinion of the CourtJustice Bean
1. In support of the allegations of the complaint, plaintiff offered in evidence a city ordinance limiting the rate of speed of electric cars, which the court refused to admit because its existence and the violation thereof were not pleaded, but allowed the complaint to be amended in that regard, and the ordinance was then admitted ; and this ruling is assigned as error. There is a conflict in the decisions as to whether an ordinance regulating the rate of speed is competent evidence in this class of cases, when not pleaded. In Missouri it is held that, when the cause of action is not founded…
2Cases cited7 opinions
- Blanchard v. Lake Shore & Michigan Southern Railway Co.Illinois Supreme Court · 1888
- Shaber v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1881
- Savannah, Florida & Western Railway Co. v. FlannaganSupreme Court of Georgia · 1889
- Robertson v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- Toledo, Wabash & Western Railway Co. v. O'ConnorIllinois Supreme Court · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ramp v. OsborneOregon Supreme Court · 1925