Currie v. Southern Pacific Co.
Oregon Supreme Court
Linn County: Reuben P. Boise, Judge. Action by A. E. Currie against the Southern Pacific Company, in a justice’s court, to recover damages for negligently killing one of plaintiff’s horses. On appeal to the circuit court an amendment was allowed, which changed the issues tried in the justice’s court, for which the case was reversed in the supreme court: 21 Or. 566 (28 Pac.
Read the full summary
Linn County: Reuben P. Boise, Judge. Action by A. E. Currie against the Southern Pacific Company, in a justice’s court, to recover damages for negligently killing one of plaintiff’s horses. On appeal to the circuit court an amendment was allowed, which changed the issues tried in the justice’s court, for which the case was reversed in the supreme court: 21 Or. 566 (28 Pac. Rep. 884). The circuit court allowed plaintiff to take a nonsuit, whereupon defendant brought this appeal.
1Opinion of the CourtLord, C. J.
This was an action to recover damages, brought by the plaintiff against the defendant in a justice’s court. The answer, after making the usual denials, sets up a separate defense, which was stricken out on motion, whereupon the cause proceeded to trial upon the issues *401joined, and the judgment went for the plaintiff. The defendant appealed to the circuit court, where the motion to strike out the separate defense was re-argued and overruled, and the plaintiff allowed to file a reply thereto. The cause was then tried upon the issues so joined, and a judgment rendered for the plaintiff. An appeal…
2Cases cited4 opinions
- Currie v. Southern Pacific Co.Oregon Supreme Court · 1892
- Washburn v. AllenSupreme Judicial Court of Maine · 1885
- Bowles v. DobleOregon Supreme Court · 1884
- Hindman v. Oregon Railway & Navigation Co.Oregon Supreme Court · 1889
3Cited by19 opinions
- Ferguson v. IngleOregon Supreme Court · 1900
- Hancock v. LukeUtah Supreme Court · 1915
- Jones v. StoddartIdaho Supreme Court · 1902
- Chance v. CarterOregon Supreme Court · 1916
- State v. Pacific Live Stock Co.Oregon Supreme Court · 1919
14 more not listed; retrieve them via the Exa API.