Legal Opinion

Kamboris v. Oregon-Washington R. & N. Co.

Oregon Supreme Court

Decided March 23, 1915PublishedCited by 11 opinions

From Multnomah: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice Bean. This is an action by Pete Kamboris, as administrator, against the Oregon-Washington Railroad & Navigation Company, a corporation, to recover damages sustained by the estate of Saranti Tsepeila, also known as “Saratan George,” by the negligence of the defendant. The cause was tried to the court and jury, and a verdict for $3,000 rendered. From the following judgment the defendant appeals.

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From Multnomah: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice Bean. This is an action by Pete Kamboris, as administrator, against the Oregon-Washington Railroad & Navigation Company, a corporation, to recover damages sustained by the estate of Saranti Tsepeila, also known as “Saratan George,” by the negligence of the defendant. The cause was tried to the court and jury, and a verdict for $3,000 rendered. From the following judgment the defendant appeals. The decedent, who was a resident of the City of Portland, was employed by the defendant at Umatilla, Oregon, as a common…

1Opinion of the CourtJustice Bean

The main question for determination upon this appeal is whether or not the deceased was engaged in interstate commerce at the time of the injury. It is conceded that the defendant was a common carrier by railroad and engaged in interstate commerce at the time. There is no controversy as to the facts relating to the employment of the deceased. It is the contention of the defendant that the general employment of the decedent at the particular time he received the injury had a substantial relation to interstate commerce, and that the action should be tried under the Federal Employers’ Liability…

2Cases cited16 opinions

  1. Second Employers'liability CasesSupreme Court of the United States · 1912
  2. Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
  3. Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
  4. Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
  5. Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912

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3Cited by11 opinions

  1. Bowles v. Barde Steel Co.Oregon Supreme Court · 1945
  2. State Ex Rel. Bowles v. OlsonOregon Supreme Court · 1944
  3. Boyer v. Pennsylvania R. Co.Court of Appeals of Maryland · 1932
  4. Sailor v. Missouri Pacific RailroadSupreme Court of Missouri · 1929
  5. Slatinka v. United States Railway AdministrationSupreme Court of Iowa · 1922

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