TaiLexi AI U.S. Case Law

Chow v. Brockway

OH CHOW v. B. BROCKWAY

Chow v. Brockway, 28 P. 384 (Or. 1891)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Oregon Supreme Court · State Highest Courts
Decided
December 21, 1891
Judges
County, Pipes
Citations
28 P. 38421 Or. 4401891 Ore. LEXIS 65
Summary
Plaintiff appeals. (McKinley Fel. Serv. § 30; Bryant v. Burlington, etc. B. R. Co. 66 Iowa, 305; 55 Am. Rep. 275; Howland v. Mihvaukee, etc. Ry. Co. 54 Wis. 226; Brick v. Rochester, N. Y. & F. R. R. Co. 98 N. Y. 211.) But in the case of a servant or train-hand engaged in the operation of the road, or riding on the road in the ordinary course of business, it is implied as a part of the contract of employment-that the master shall observe all the care which the exigencies of the situation reasonably require, in furnishing and maintaining a track and road-bed adequately safe for use.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion

Text extracted by OCR from a scanned original; check the original for exact wording.

County Covets — Estates—Jurisdiction First Assumed. — When one county-court lias regularly assumed and is exercising jurisdiction over the estate of a deceased person, it necessarily excludes every other county court from thereafter assuming jurisdiction over the matter.

Coroners — Statutory Proceeding. — The disposition of the property of a decedent by a coroner is a statutory proceeding, and the requirements of the law in that respect must be strictly complied with by one seeking to defend his possession or expenditure of a decedent’s property on that ground.

Administrator de Son Tort — Conversion. — The payment of claims against an estate by one who assumes to act as administrator thereof under an appointment void for want of jurisdiction in the court making the appointment, will not constitute a defense to an action brought by the rightful administrator for conversion of the property of the estate.

Reversed.

The complaint alleges, in substance, that on or about September 5, 1889, one Yee Yuey, sometimes called Yuen, died intestate in Douglas county, and at the time of his

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1892: 11902: 11904: 11918: 11920: 11936: 118922026peak 1892 · 1

Relies on it most ⓘ

  1. In re Workman's Estate68 P.2d 479 (Or. 1936)
  2. Matlock v. Matlock170 P. 528 (Or. 1918)
  3. Slate v. Henkle78 P. 325 (Or. 1904)
  4. Henkle v. Slate68 P. 399 (Or. 1902)
  5. State ex rel. Spalding v. Benton29 P. 425 (Mont. 1892) · Dissent
  6. Kladivo v. Sulek188 Iowa 471 (1920)

Most recent

  1. In re Workman's Estate68 P.2d 479 (Or. 1936)
  2. Kladivo v. Sulek188 Iowa 471 (1920)
  3. Matlock v. Matlock170 P. 528 (Or. 1918)
  4. Slate v. Henkle78 P. 325 (Or. 1904)
  5. Henkle v. Slate68 P. 399 (Or. 1902)
  6. State ex rel. Spalding v. Benton29 P. 425 (Mont. 1892) · Dissent

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list