Legal Opinion

Wheeler v. Oregon Railroad & Navigation Co.

Idaho Supreme Court

Decided April 27, 1909PublishedCited by 55 opinions

APPEAL from the District Court of the First Judicial District, in and for Shoshone County. Hon. W. W. Woods, Judge. An action to recover damages for the killing of plaintiff’s minor child. Judgment for plaintiff. Defendant appeals. The duty of a traveler in approaching and attempting to cross a railroad crossing is to stop, look and listen.

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APPEAL from the District Court of the First Judicial District, in and for Shoshone County. Hon. W. W. Woods, Judge. An action to recover damages for the killing of plaintiff’s minor child. Judgment for plaintiff. Defendant appeals. The duty of a traveler in approaching and attempting to cross a railroad crossing is to stop, look and listen. And if his duty is omitted the traveler is guilty of negligence per se, and the court is bound to instruct the jury as a matter of law that a verdict be returned in favor of the defendant company. (Elliott on Railroads, 2d ed., secs. 1164-1166;…

1Opinion of the CourtStewart, J.

This action is brought by E. K. Wheeler, plaintiff, against the Oregon Eailroad & Navigation Co., a corporation, defendant, to recover damages for the alleged negligent killing by the defendant of the plaintiff’s minor child. The complaint in substance alleges: That Margaret Wheeler, the daughter of plaintiff, met her death on the 17th day of June, 1907, as a result of injuries inflicted by the defendant railroad company at a railroad crossing in Harrison, Kootenai county, Idaho; that said child was less than four years of age at the time of its death; that said child, in company with its…

2Cases cited47 opinions

  1. Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
  2. Railroad Company v. HoustonSupreme Court of the United States · 1878
  3. Herbert v. Southern Pacific Co.California Supreme Court · 1898
  4. Adams v. Bunker Hill & Sullivan Mining Co.Idaho Supreme Court · 1906
  5. Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874

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3Cited by55 opinions

  1. Fleenor v. Oregon Short Line RailroadIdaho Supreme Court · 1909
  2. Department of Finance v. Union Pacific RailroadIdaho Supreme Court · 1940
  3. Dewey v. KellerIdaho Supreme Court · 1964
  4. Packard v. O'NeilIdaho Supreme Court · 1927
  5. Hobbs v. Union Pacific R. R. Co.Idaho Supreme Court · 1940

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