Lakin v. Willamette Valley & Coast Railroad
Oregon Supreme Court
Benton County. Plaintiff appeals. A railway company cannot, in the absence of statutory authority, by its own act absolve itself from its public obligations without the consent of the legislature. (Pierce on Railroads,. 283; Macon and Augusta R. R. v. Mayes, 49 Ga. 355; Thomas v. Railroad Co., 101 U. S. 71; Black v. Del. and Raritan Canal Co., 22 N. J. Eq. 130, 401.) Contractors for constructing of railroads are the servants of the company authorized to construct it.
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Benton County. Plaintiff appeals. A railway company cannot, in the absence of statutory authority, by its own act absolve itself from its public obligations without the consent of the legislature. (Pierce on Railroads,. 283; Macon and Augusta R. R. v. Mayes, 49 Ga. 355; Thomas v. Railroad Co., 101 U. S. 71; Black v. Del. and Raritan Canal Co., 22 N. J. Eq. 130, 401.) Contractors for constructing of railroads are the servants of the company authorized to construct it. (Chicago, St. Paul, and Fond Du Lac R. R. v. McCarthy, 20 111. 385; S. C., 71 Am. Dec. 285; Macon and Augusta R. R. v. Mayes,…
1Opinion of the CourtLord, J.
This was an action to recover damages for personal injuries resulting in death, alleged to have been caused by the negligence of the defendant and its agents.
The defendant, after making the usual denials, set up in substance this defense: That pursuant to an agreement made and entered into between the defendant and the Oregon Pacific Railroad Company, the latter agreed to build the defendant’s line of road, etc.; that before the times alleged in the complaint, the Oregon Pacific Railroad Company had constructed for the defendant the line of road mentioned in the complaint between Yaquina City…
2Cases cited7 opinions
- Railroad Co. v. BarronSupreme Court of the United States · 1867
- Railroad Co. v. BrownSupreme Court of the United States · 1873
- Nelson v. Vermont & Canada RailroadSupreme Court of Vermont · 1854
- Chicago, St. Paul & Fond du Lac Railroad v. McCarthyIllinois Supreme Court · 1858
- Ditchett v. . S.D. P.M.R.R. Co.New York Court of Appeals · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Oregon v. Portland Gen. Elec. Co.Oregon Supreme Court · 1908
- Chattanooga, Rome & Columbus Railroad Co. v. LiddellSupreme Court of Georgia · 1890
- Cogswell v. West Street & North End Electric Railway Co.Washington Supreme Court · 1892
- Kemp v. Creston Transfer Co.District Court, N.D. Iowa · 1947
- McCabe's Admx. v. Maysville & B. S. R.Court of Appeals of Kentucky · 1902
11 more not listed; retrieve them via the Exa API.