Legal Opinion

Eaton v. Oregon Railway & Navigation Co.

Oregon Supreme Court

Decided June 10, 1890PublishedCited by 2 opinions

Appeal from Union county: Jas. A. Fee, judge. This is an action to recover damages, and the complaint contains six counts, five of which are to recover damages for killing and injuring stock belonging to the plaintiff by moving trains of the defendant railroad company, and the last for the destruction by fire of grass, etc., and to which further reference will not be made, as no error is suggested.

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Appeal from Union county: Jas. A. Fee, judge. This is an action to recover damages, and the complaint contains six counts, five of which are to recover damages for killing and injuring stock belonging to the plaintiff by moving trains of the defendant railroad company, and the last for the destruction by fire of grass, etc., and to which further reference will not be made, as no error is suggested. The trial resulted in a verdict and judgment for . the plaintiff, from which the defendant has brought this appeal.

1Opinion of the CourtLord, J.

The first objection is directed to the refusal of the court to give certain instructions asked by the defendant and designed to raise the question as to the liability of the company for live stock killed by its moving trains where such stock stray upon the track at some point where the company is not required to fence by the statute, but to which instructions it is certified to us in the bill of exceptions that they were refused by the court for the reason that there was no evidence tending to show where the animals entered upon the track. The object of the first. *372of such, instructions…

2Cases cited2 opinions

  1. Hindman v. Oregon Railway & Navigation Co.Oregon Supreme Court · 1889
  2. St. Louis & Southeastern Railway Co. v. CasnerIllinois Supreme Court · 1874

3Cited by2 opinions

  1. Meier v. Northern Pacific Ry. Co.Oregon Supreme Court · 1908
  2. Wilmot v. Oregon RailroadOregon Supreme Court · 1906

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