Ward v. Southern Pacific Co.
Oregon Supreme Court
Appeal from Douglas: J. C. Fullerton, Judge. Action by Roland Ward against the Southern Pacific Company for damages. The complaint alleges that by the negligence of the defendant in the management of its locomotive engine, a son of the plaintiff, about six years of age, was run over and killed. The answer denies such alleged negligence, and sets up as a defense that the plaintiff and his son were contributorily negligent. Tho reply denies the new matter in the answer.
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Appeal from Douglas: J. C. Fullerton, Judge. Action by Roland Ward against the Southern Pacific Company for damages. The complaint alleges that by the negligence of the defendant in the management of its locomotive engine, a son of the plaintiff, about six years of age, was run over and killed. The answer denies such alleged negligence, and sets up as a defense that the plaintiff and his son were contributorily negligent. Tho reply denies the new matter in the answer. The cause being thus at issue, a trial was had, resulting in a verdict for the plaintiff, and from the judgment which followed…
1Opinion of the Court
Opinion by
Mr. Chief Justice Lord.
It appears that at the close of plaintiff’s testimony defendant interposed a motion for judgment of nonsuit, which the court overruled, and the defendant excepted. As the propriety of this ruling is questioned, our present inquiry is as to whether the testimony for the plaintiff is legally sufficient to warrant the verdict in his favor. The record discloses that the testimony for the plaintiff in substance is that he is a farmer, and that Freddie Ward, the deceased, who was his son, was about six years of age; that the railroad track passes through a field of…
2Cases cited8 opinions
- Gaynor v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1868
- H. & T. C. R'y Co. v. SympkinsTexas Supreme Court · 1881
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Terre Haute & Indianapolis Railroad v. GrahamIndiana Supreme Court · 1883
- Spicer v. Chesapeake & O. R'y Co.West Virginia Supreme Court · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Cederson v. Oregon Navigation Co.Oregon Supreme Court · 1900
- Palmer v. Oregon Short Line R.Utah Supreme Court · 1908
- Cahill v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Seventh Circuit · 1896
- Kesterson v. California-Oregon Power Co.Oregon Supreme Court · 1924
- Young v. ClarkUtah Supreme Court · 1897
17 more not listed; retrieve them via the Exa API.