Anderson v. Oregon Railroad
Oregon Supreme Court
From Umatilla: William R. Ellis, Judge. Louis Anderson seeks by this action to recover from the Oregon Railroad and Navigation Company damages for loss of wheat by fire while in storage in a warehouse at Cayuse Station, in Umatilla County, which it is alleged was caused by the negligence of defendant in the operation of a train of cars.
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From Umatilla: William R. Ellis, Judge. Louis Anderson seeks by this action to recover from the Oregon Railroad and Navigation Company damages for loss of wheat by fire while in storage in a warehouse at Cayuse Station, in Umatilla County, which it is alleged was caused by the negligence of defendant in the operation of a train of cars. The negligénce stated, in brief, is that the engines of defendant were unskillfully and improperly constructed, and improperly, carelessly, and negligently managed and overloaded, by reason whereof large quantities of sparks, burning cinders, and coals were…
1Opinion of the CourtJustice Wolverton
1. The first assignment of error relates to the first clause of paragraph No. 4 of the court’s charge to the jury, which is as follows :
“I instruct you that a railroad company is bound to use the best or most approved appliances for the purpose of preventing sparks or fire from escaping from its engines and being communicated to property of others rightfully lying upon or along the right of way.”
The objection to this instruction proceeds upon the idea that the company was not absolutely bound to provide its engines with the most approved appliances for preventing the escape of sparks and…
2Cases cited20 opinions
- Lesser Cotton Co. v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1872
- Henry v. Southern Pacific RailroadCalifornia Supreme Court · 1875
- Hoyt v. JeffersMichigan Supreme Court · 1874
- Koontz v. O. R. & N. Co.Oregon Supreme Court · 1890
15 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- State v. UleryOregon Supreme Court · 2020
- State v. KammeyerCourt of Appeals of Oregon · 2009
- Southern Railway Co. v. ThompsonSupreme Court of Georgia · 1907
- State v. FergusonCourt of Appeals of Oregon · 2005
- Eichhorn v. LundinSupreme Court of Minnesota · 1927
35 more not listed; retrieve them via the Exa API.