Koontz v. O. R. & N. Co.
Oregon Supreme Court
Umatilla county: J. A. Fee, Judge. Defendant appeals. The negligence must be proved as set out in the pleadings. Having pleaded a particular act or particular acts as negligence, that must be proved. (Carter v. Kansas City, &c., R. R. Co. 65 Iowa, 287, 21 N. W. E. 607; Denton v. Chicago, R. I. & Pac. R. R. Co. 52 Iowa, 161, 164, 35 Am.
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Umatilla county: J. A. Fee, Judge. Defendant appeals. The negligence must be proved as set out in the pleadings. Having pleaded a particular act or particular acts as negligence, that must be proved. (Carter v. Kansas City, &c., R. R. Co. 65 Iowa, 287, 21 N. W. E. 607; Denton v. Chicago, R. I. & Pac. R. R. Co. 52 Iowa, 161, 164, 35 Am. Eep. 263; M. H. & O. R. Co. v. Marcott, 41 Mich. 432, 2 N. W. E. 795, 801; Allard v. Chicago & N. W. R. R. Co. 73 Wis. 165, 40 N. W. E. 685; Gibbons v. Wisconsin Valley R. R. Co. 58 Wis. 335; Babcoclc v. Chicago & N. W. R. R. Co. 12 Iowa, 197, 33 N. W. E.…
1Opinion of the CourtLord, J.
— This is an action to recover damages for the destruction of the plaintiff’s mill by fire, emitted from a locomotive operated by the agents of the defendant. It is enough to say that after issue was joined and a trial had, the verdict and judgment was for the plaintiff. The appeal presents several assignments of error, but we shall only notice those which were chiefly relied upon at the argument 4o work a reversal. It is insisted that the plaintiff, by the form of his pleading, has specified a particular engine which caused the mischief or loss, and by reason thereof has precluded himself…
2Cases cited9 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Sheldon v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1856
- Atchison, Topeka & Santa Fe Rld. v. StanfordSupreme Court of Kansas · 1874
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1872
- Field v. . N.Y.C.R.R.New York Court of Appeals · 1865
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3Cited by31 opinions
- Rickard v. EllisOregon Supreme Court · 1962
- United States v. Homestake Min. Co.Court of Appeals for the Eighth Circuit · 1902
- Anderson v. Oregon RailroadOregon Supreme Court · 1904
- Saunders v. A. M. Williams & Co.Oregon Supreme Court · 1936
- Smith v. Central Vermont Railway Co.Supreme Court of Vermont · 1907
26 more not listed; retrieve them via the Exa API.