Daily capital journal. (Salem, Oregon) 1903-1919, 1918-12-17
SUPREME Court RULES.
|AUTO|ST RESPONSIBLE.
Justice Burnett Writes Court S
Opinion Of Accident In
Baker County.

If the driver of an automobile at
tempts to cross a railroad track without
listening and looking to see if train
is approaching, neither he nor his es-
tate can collect damages from the rail
road company if a train hits him and
inflicts damages.
This is the gist of an opinion handed
down today by the supreme court in the
case of Alonza V. Robinson and H. H..
Clifford, administrator of the estate Of
Frank Weygandt, deceased, against the
Oregon Washington Railroad & Naviga-
ton company, appellant.
considering the great flexibility of
notion and their great possibility of
doing damage" says Justice Burnett,
who wrote the court opinion, cit is
but simple justice to demand Of auto
biles more particular ubScl,.-- 4
the rule to look and listen than is re-
quired of the driver of team of hors-
esp
Accident in Baker County.
The accident occurred in Baker coun-
ty on railroad crossing in the Burnt
river canyon. Weygandt was driving
the car and Robson was riding with
him. Weygandt was killed and Robi-
son was injured. Suits were brought
against the company and judgments for
damages obtained. The supreme court
reverses the lower court ana orrc., .sn
suit brought by Clifford, as administa-
tor of Weygandt's s estate, dismissed on
the grounds that Weygandt was negli-
gent, and directed that the suit brought
by Robson be remanded for a new
trial.
''The administrator claims his deco.
dent could not see the train because of
the intervening bluff" says Justice
Burnett. ''lf this be true, how could
he expect the trainmen to see hint If
it was negligence for them not to see
him under such conditions, it was equal
" negligent for him not to see the train
they were operating. Looking at the
impenetrable hill was futile. 1t was
Weygandt's IS duty to look upon the only
place whence danger would come: viz,
upon the track, for which view he had
safe and ample opportunity before 60
ing in front Of the train. He was gull
ty of contributory negligence ,.. not
looking from that place Of safety, stop.
ping if necessary for that purpose, be-
fore advancing to the point of collision.
His neglect of that duty cost him his
life and his estate must bear the loss. -
Justice Burnett points out that an
automobile is different from team of
spirited hoses and it can be stopped
with safety within few feet of the
railroad track for the purpose Of al
lowing the driver to see if the way is
clear.
Other Opinions.
Other opinions were handed down as
follows:
The Alder Slope Ditch company, ap'
pellant, vs. Moonshine Ditch company;
appealed from Wallowa; contest over
water rights in connection with adju-
dication of water rights in Hurricane
creek; opinion by Justice Olson; Circuit
Judge Knowles affirmed.
D. D. Gorsline, executor of will of
W. M Gorsline, VS.. Jennie A. Gore, ap.
pellant; eppcaled from Marion; suit for
accounting of funds of W. M. Gorsline
estate; opinion by Justice Harris; Cir
cult Judge Galloway reversed and case
dismissed
Emma A. Smith ct al, appellants, VS..
J. F. Boothe ct al; appealed from Multi
nomah; suit for accounting of profits
realized in connection with realty deal,
heard on rehearing and former opinion
adhered to. nnininn by Lnstica Rnrnett