Price v. Oregon Railroad
Oregon Supreme Court
From Umatilla: William R. Ellis, Judge. This is an action by Thomas J. Price against the Oregon Railroad & Navigation Co. to recover damages for an injury to plaintiff’s property and premises by backwater, alleged to have been caused by the negligence and unslcill-fulness of .the defendant company in constructing and maintaining a fill on the line of its road from Pendleton to Walla Walla on and over the channel of Hale Creek, near the town of Weston.
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From Umatilla: William R. Ellis, Judge. This is an action by Thomas J. Price against the Oregon Railroad & Navigation Co. to recover damages for an injury to plaintiff’s property and premises by backwater, alleged to have been caused by the negligence and unslcill-fulness of .the defendant company in constructing and maintaining a fill on the line of its road from Pendleton to Walla Walla on and over the channel of Hale Creek, near the town of Weston. Hale Creek is a small stream, about two feet deep, and from 8 to 10 feet wide where it flows through plaintiff’s premises. It has its origin…
1Opinion of the CourtChief Justice BeaN
The plaintiff, as a witness in his own behalf, testified, among other things, that he had lived on Hale Creek and in the house damaged by the flood about 35 years; that the stream dried up about the 4th of July each year, and remained dry until the winter rains, except during storms in the summer time; that the country it drained for four or five miles up the stream was steep and rugged, and was visible from the railroad track; that during the time he had lived on the stream he had seen a great many storms and high waters; that he had seen the stream in harvest dry, and within two hours after…
2Cases cited8 opinions
- Walker v. New Mexico & Southern Pacific RailroadSupreme Court of the United States · 1897
- O'Connell v. East Tenn., Va. & Ga. Railway Co.Supreme Court of Georgia · 1891
- New York, Chicago & St. Louis Railroad v. Hamlet Hay Co.Indiana Supreme Court · 1897
- Byrne v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1888
- Chicago, Burlington & Quincy Railroad v. EmmertNebraska Supreme Court · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State Farm Fire & Casualty Co. v. PaulsonWyoming Supreme Court · 1988
- Wilkinson v. StateUtah Supreme Court · 1913
- Heckaman v. Northern Pacific Railway Co.Montana Supreme Court · 1933
- Hatley v. Truck Insurance ExchangeOregon Supreme Court · 1972
- Morton v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1906
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