Russell v. Oregon R. & N. Co.
Oregon Supreme Court
Statement by MR. Justice McBride. This is an action by J. A. Russell, administrator of the estate of J. Donald Russell, deceased, to recover damages on account of the death of the said J. Donald Russell, who was struck and killed by a railway locomotive on defendant’s road at Perry, in Union County, on July 30, 1907. The complaint alleges that the deceased was about thirteen years old, healthful, of good habits, and intelligent; that defendant’s railway track crosses the…
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Statement by MR. Justice McBride. This is an action by J. A. Russell, administrator of the estate of J. Donald Russell, deceased, to recover damages on account of the death of the said J. Donald Russell, who was struck and killed by a railway locomotive on defendant’s road at Perry, in Union County, on July 30, 1907. The complaint alleges that the deceased was about thirteen years old, healthful, of good habits, and intelligent; that defendant’s railway track crosses the public highway, practically on a line therewith, at the village of Perry, a town of about 300 inhabitants; that the…
1Opinion of the CourtJustice McBride
The legal questions raised on appeal are so numerous that the most feasible method of discussing them will be to take each alleged ground of negligence separately, and consider it and the evidence and law applicable thereto. The first ground of negligence alleged is the failure of appellant to keep a watchman or automatic signal apparatus at the crossing where the accident occurred. The complaint alleges, and the evidence shows, that the highway, where deceased was traveling, crosses the railroad track at the east end of a long curving cut, which prevents any view of the track, for quite a…
2Cases cited3 opinions
- Missouri Pacific Railway Co. v. MoffattSupreme Court of Kansas · 1896
- Schneider v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1889
- Reading & Columbia R. R. v. RitchieSupreme Court of Pennsylvania · 1883
3Cited by34 opinions
- Hillman v. Northern Wasco County PUDOregon Supreme Court · 1958
- Denton v. ArnsteinOregon Supreme Court · 1952
- Robison v. Oregon-Wash. R. & N. Co.Oregon Supreme Court · 1918
- Fish v. Southern Pacific Co.Oregon Supreme Court · 1943
- State v. OsborneOregon Supreme Court · 1909
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