Meier v. Northern Pacific Ry. Co.
Oregon Supreme Court
From Columbia: Thomas A. McBride, Judge. Statement by Mr. Commissioner Slater. Defendant has appealed from a judgment given against it for damages caused by its alleged negligence in failing to fence its track, which it is alleged resulted in the killing of plaintiff’s horse upon or near defendant’s right of way, by being struck or frightened by one of its moving trains, so that the horse was thrown or jumped upon a fence, a piece of which penetrated its body.
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From Columbia: Thomas A. McBride, Judge. Statement by Mr. Commissioner Slater. Defendant has appealed from a judgment given against it for damages caused by its alleged negligence in failing to fence its track, which it is alleged resulted in the killing of plaintiff’s horse upon or near defendant’s right of way, by being struck or frightened by one of its moving trains, so that the horse was thrown or jumped upon a fence, a piece of which penetrated its body. The answer is a general denial of the averments of the complaint. At the conclusion of plaintiff’s case defendant moved for a nonsuit…
1Opinion of the Court
Opinion by
Mr. Commissioner Slater.
1. Defendant’s road- runs through plaintiff’s farm, which is partly lowland, subject to overflow. At a point where the right of way crosses the farm there is a depression or slough across which a fill from twenty-five to thirty feet high, measured on the slope, has been made, and extending a distance of about one hundred feet, and causing a pond of water to accumulate there, in the wet season, on the east side of the track, which, at the time of the accident, was about three and one half feet deep, according to plaintiff’s testimony. This is where it is…
2Cases cited6 opinions
- Asbach v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1888
- Schoepper v. Hancock Chemical Co.Michigan Supreme Court · 1897
- Ferguson v. IngleOregon Supreme Court · 1900
- Meeker v. N. P. R. R. Co.Oregon Supreme Court · 1892
- Eaton v. Oregon Railway & Navigation Co.Oregon Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Ley v. BishoppCalifornia Court of Appeal · 1928
- Armsby v. Grays Harbor Commercial Co.Oregon Supreme Court · 1912
- Caldwell Backing & T. Co. v. PorterOregon Supreme Court · 1908
- Chalmers v. HawkinsCalifornia Court of Appeal · 1926
- Ingalls v. IsenseeOregon Supreme Court · 1943
6 more not listed; retrieve them via the Exa API.