Madden v. Columbia & Nehalem River Railroad
Oregon Supreme Court
From Columbia: J. A. Eakin, Judge. Department 2. This is an action for a personal injury. A verdict was rendered in favor of the plaintiff for the sum of $1,500. Defendant appeals from the resulting judgment. The defendant operates a logging railroad from Kerry on the Columbia Eiver into the timber region of the Nehalem basin. It runs on its tracks a small gasoline passenger-car called a jitney. . On the date of the accident the plaintiff was a passenger on this car.
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From Columbia: J. A. Eakin, Judge. Department 2. This is an action for a personal injury. A verdict was rendered in favor of the plaintiff for the sum of $1,500. Defendant appeals from the resulting judgment. The defendant operates a logging railroad from Kerry on the Columbia Eiver into the timber region of the Nehalem basin. It runs on its tracks a small gasoline passenger-car called a jitney. . On the date of the accident the plaintiff was a passenger on this car. Another train made up of logging trucks was picking up logs which had fallen from logging trains alongside the track.…
1Opinion of the CourtBean, J.
The only assignment of error presented for consideration upon this appeal relates to an instruction of the court arising in the following manner. The trial court explained the issues and defined negligence, and the degree of care necessary to be observed by a common carrier of passengers. As to the measure of the damages the court charged the jury as follows:
“The measure of damages in this case is the injury and loss actually suffered and sustained by reason of the negligence of the defendant railway company.
“The plaintiff, if you find he is entitled to anything from the evidence, is entitled…
2Cases cited7 opinions
- Galveston, Harrisburg & San Antonio Railway Co. v. PowersTexas Supreme Court · 1907
- Rugenstein v. OttenheimerOregon Supreme Court · 1914
- Lang v. Camden Iron WorksOregon Supreme Court · 1915
- State v. BertschingerOregon Supreme Court · 1919
- Ahonen v. HryszkoOregon Supreme Court · 1918
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
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- Austin v. Portland Traction Co.Oregon Supreme Court · 1947
- Arney v. CITY OF NORTH BEND GOHNOregon Supreme Court · 1959
- Hecker v. Union Cab Co.Oregon Supreme Court · 1930
- Lott v. De Luxe Cab Co., Inc.Oregon Supreme Court · 1931
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