Turney v. Southern Pac. Co.
Oregon Supreme Court
From Clackamas : Thomas A. McBride, Judge. This is an action by Rebecca Turney against the Southern Pacific Company to recover damages for an injury suffered by the plaintiff through the alleged negligence of the defendant. In 1868 a public road or highway, about sixty feet wide,from Canemah,in Clackamas County, south to Parrott’s Farm, was inclosed by fences of abutting property owners on one side, and the Willamette River on the other.
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From Clackamas : Thomas A. McBride, Judge. This is an action by Rebecca Turney against the Southern Pacific Company to recover damages for an injury suffered by the plaintiff through the alleged negligence of the defendant. In 1868 a public road or highway, about sixty feet wide,from Canemah,in Clackamas County, south to Parrott’s Farm, was inclosed by fences of abutting property owners on one side, and the Willamette River on the other. In November, 1868, the county court, upon the application of defendant’s predecessor in interest for permission to occupy the road with its railway track,…
1Opinion of the CourtJustice Bean
1. With the exception of some questions of practice hereafter referred to, the controlling question is whether the agreement between the county and the predecessor of the defendant gave the railwaj^ company an exclusive right to the use of that part of the county road between its fence and the river. The trial court proceeded on the theory, as we understand it, that the county court had authority to grant such a right, and that if it did so the plaintiff was a trespasser or mere licensee, to whom the defendant owed no duty except that of not wilfully or intentionally injuring her. It ruled,…
2Cases cited9 opinions
- Louisville & Nashville Railroad v. CrunkIndiana Supreme Court · 1889
- Louisville, New Albany & Chicago Railway Co. v. PhillipsIndiana Supreme Court · 1887
- Cederson v. Oregon Navigation Co.Oregon Supreme Court · 1900
- Gerdes v. Christopher & Simpson Architectural Iron & Foundry Co.Supreme Court of Missouri · 1894
- Mabrey v. Cape Girardeau & Jackson Gravel Road Co.Missouri Court of Appeals · 1902
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3Cited by11 opinions
- Conachan v. WilliamsOregon Supreme Court · 1973
- Chicago, R. I. & P. Ry. Co. v. McIntireSupreme Court of Oklahoma · 1911
- Rice v. HYSTER COMPANYOregon Supreme Court · 1975
- Clubb v. HansonOregon Supreme Court · 1975
- Central Georgia Power Co. v. FincherSupreme Court of Georgia · 1913
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