Kelly v. Weaver
Oregon Supreme Court
From Lane: Lawrence T. Harris, Judge. Statement by Mr. Chief Justice Moore. This action was instituted by William R. Kelly against A. W. Weaver and Albert Weaver to recover damages for a personal injury.
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From Lane: Lawrence T. Harris, Judge. Statement by Mr. Chief Justice Moore. This action was instituted by William R. Kelly against A. W. Weaver and Albert Weaver to recover damages for a personal injury. The facts are that on January 7, 1914, about 6:30 in the evening, as the defendants were riding east in an automobile on the south side of Main street in Springfield, Oregon, they overtook and knocked down a horse on which the plaintiff was riding, breaking the latter’s right leg and otherwise hurting him. The negligence alleged is: “That at the time the automobile struck the plaintiff’s…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
1. It is maintained that an error was committed in permitting George Catching, over objection and exception, to testify as to the rate of speed at which the automobile was going immediately prior to the accident. It is argued that the testimony fails to show the witness was qualified to express the opinion which he declared. Mr. Catching testified:
That just before the accident occurred he was in Springfield, going south on Seventh Street toward and about 300 feet from Main Street, when he saw an automobile driven east on the latter street. Alluding to that…
2Cases cited7 opinions
- First Nat. Bank v. Fire Ass'nOregon Supreme Court · 1898
- State v. BrownOregon Supreme Court · 1895
- State v. BarrettOregon Supreme Court · 1898
- Dugan v. ArthursSupreme Court of Pennsylvania · 1911
- Wolfe v. IvesSupreme Court of Connecticut · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Passley v. StateCourt of Appeals of Georgia · 1940
- Atchison, T. & S. F. Ry. Co. v. MilesSupreme Court of Oklahoma · 1918
- White v. East Side Mill Co.Oregon Supreme Court · 1917