Chenoweth v. Southern Pac. Co.
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Statement by Me. Justice Eakin. This is an appeal from a verdict and judgment in favor of plaintiíf, S. J. Chenoweth, for loss of hay by fire, alleged to have been caused by the emission of sparks from engines of defendant, resulting from improper construction and careless and negligent management and operation of said engines. Plaintiff’s hay was in a warehouse, within 35 feet of defendant’s track, at Wilbur Station.
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From Douglas: James W. Hamilton, Judge. Statement by Me. Justice Eakin. This is an appeal from a verdict and judgment in favor of plaintiíf, S. J. Chenoweth, for loss of hay by fire, alleged to have been caused by the emission of sparks from engines of defendant, resulting from improper construction and careless and negligent management and operation of said engines. Plaintiff’s hay was in a warehouse, within 35 feet of defendant’s track, at Wilbur Station. Defendant denies that the fire was caused by its negligence, that its engines were defective in construction, or carelessly or…
1Opinion of the CourtJustice Eakin
1. The first contention of defendant is that the court erred in denying defendant’s request to direct a verdict in its favor. This request assumes that there was no other evidence of negligence on part of defendant than that presumed from the proof that defendant’s engines caused the fire. It is generally recognized by the authorities as sufficient to make a prima facie case of negligence against a defendant, when the plaintiff establishes such a state of facts as will justify the jury in finding that the fire was caused, by sparks emitted from a passing engine operated by defendant, and, if…
2Cases cited29 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Atchison, Topeka & Santa Fe Rld. v. StanfordSupreme Court of Kansas · 1874
- Gainesville, Jefferson & Southern Railroad v. EdmondsonSupreme Court of Georgia · 1897
- Karsen v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1881
24 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Rickard v. EllisOregon Supreme Court · 1962
- Suko v. Northwestern Ice & Cold Storage Co.Oregon Supreme Court · 1941
- Nawelo v. Von Hamm-Young Co.Hawaii Supreme Court · 1913
- Roundtree v. Mount Hood R. R.Oregon Supreme Court · 1917
- Taffe v. Oregon R. & N. Co.Oregon Supreme Court · 1911
3 more not listed; retrieve them via the Exa API.