Everart v. Fischer
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. Department 2. Statement by Mr. Justice Eakin. This is an action by Mary Everart, mother and guardian ad litem of Clifford Everart, a minor, against Helmuth Fischer and Paul Fischer, partners doing business as The Wardrobe, to recover for personal injuries.
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From Multnomah: George N. Davis, Judge. Department 2. Statement by Mr. Justice Eakin. This is an action by Mary Everart, mother and guardian ad litem of Clifford Everart, a minor, against Helmuth Fischer and Paul Fischer, partners doing business as The Wardrobe, to recover for personal injuries. Clifford Everart, a minor of the age of 16 years, was riding a bicycle north on Nineteenth Street, and claims to have been injured by an auto truck which was going south on said street. Upon the trial of the action against the defendants plaintiff recovered a verdict, and from a judgment thereon the…
1Opinion of the CourtJustice Eakin
1. The action should have been brought in the name of the real party in interest, but as no question is raised upon that error we will pass it.
Defendants first insist that the court .erred in refusing to instruct the jury to bring in a verdict in favor of defendants; but we find that the evidence was sufficient to require the case to be submitted to the jury on the question of the negligence of defendants.
2. It is assigned as error that tbe court admitted in evidence the order of the Circuit Court appointing plaintiff guardian ad litem for Clifford Everart. That Clifford was a minor, and the…
2Cases cited2 opinions
- Kalich v. KnappOregon Supreme Court · 1914
- Jones v. SteeleSupreme Court of Missouri · 1865
3Cited by25 opinions
- Linde v. EmmickCalifornia Court of Appeal · 1936
- State v. ZaunerOregon Supreme Court · 1968
- Marshall v. MartinsonOregon Supreme Court · 1974
- Bailey v. Rhodes, Adm.Oregon Supreme Court · 1954
- Wallace v. American Life InsuranceOregon Supreme Court · 1924
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