Sullivan v. Oregon Railway & Navigation Co.
Oregon Supreme Court
Appeal from Umatilla county: Jas. A. Fee, judge. The action was to recover damages for the killing of a stallion by the defend ant railroad, belonging to the plaintiff, based upon the act of 1887, and found in Hill’s Code, §§ 4044 to 4049, inclusive. Upon issue being joined, a trial was had, and the plaintiff recovered judgment, from which this appeal is brought.
1Opinion of the CourtLord, J.
There are two questions suggested by the defendant upon this record for our determination. These will be examined in the order discussed. The first is, that the act of 1887, in relation to killing stock upon or near any unfenced track of any railroad, and found in Hill’s Code, as sections 4044 to 4049, inclusive, is unconstitutional. Section 4044 provides as follows: “Any person, * * * or corporation, * * * owning or operating any railroad within the State of Oregon shall be liable for the value of any horses * * * killed * * * upon or near any unfenced track of any railroad in this State…
2Cases cited10 opinions
- Minneapolis & St. Louis Railway Co. v. BeckwithSupreme Court of the United States · 1889
- Santa Clara County v. Southern Pacific RailroadSupreme Court of the United States · 1886
- Matter of City of BuffaloNew York Court of Appeals · 1877
- Griffith v. WellsNew York Supreme Court · 1846
- Moses v. Southern Pacific RailroadOregon Supreme Court · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. Standard Oil Co.Oregon Supreme Court · 1912
- Fort Worth & Rio Grande Railway Co. v. SwanTexas Supreme Court · 1904
- Stanley v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1912
- Wilmot v. Oregon RailroadOregon Supreme Court · 1906
- State Ex Rel. Nilsen v. WhitedOregon Supreme Court · 1964
5 more not listed; retrieve them via the Exa API.