Radley v. Columbia Railway Co.
Oregon Supreme Court
Prom Sherman: W. L. Bradshaw, Judge. This is an action by R. M. Radley against the Columbia Southern Railway Company to recover damages for an injury the plaintiff received in jumping from one of the defendant’s locomotives upon which he was riding. The defendant owns and operates a railroad from Biggs Station, on the line of the Oregon Railroad & Navigation Company, south to Shaniko.
Read the full summary
Prom Sherman: W. L. Bradshaw, Judge. This is an action by R. M. Radley against the Columbia Southern Railway Company to recover damages for an injury the plaintiff received in jumping from one of the defendant’s locomotives upon which he was riding. The defendant owns and operates a railroad from Biggs Station, on the line of the Oregon Railroad & Navigation Company, south to Shaniko. For some distance out of Biggs there is an up grade on defendant’s road, at the foot of which, in pursuance of the demand of the Oregon Railroad & Navigation Company, it had put in a derailer for the purpose of…
1Opinion of the CourtJustice Bean
1. There were many points discussed by counsel at the argument and in the briefs, but the controversy centers around the question as to whether the plaintiff was a passenger at the time of the accident, and entitled to the rights and protection of such, and, if so, whether he is guilty of such contributory negligence in riding on the engine as will bar a recovery. There is no contention that he was a passenger because of anything said or done by the engineer. It is admitted by the plaintiff that the engineer had no authority to bind the defendant by inviting plaintiff to ride on his engine,…
2Cases cited24 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Webster v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1894
- Chicago & Eastern Illinois Railroad v. JenningsIllinois Supreme Court · 1901
- Lake Shore & Michigan Southern Railroad v. BrownIllinois Supreme Court · 1887
19 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Graham v. Corvallis & E. R. Co.Oregon Supreme Court · 1914
- Clark v. Colorado & N. W. R.Court of Appeals for the Eighth Circuit · 1908
- Kirby Lumber Co. v. HenryCourt of Appeals of Texas · 1915
- Barnett v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1913
- Davis v. JonesCourt of Appeals of Georgia · 1925
2 more not listed; retrieve them via the Exa API.