Spain v. Oregon-Washington R. & N. Co.
Oregon Supreme Court
From Baker: Gustav Anderson, Judge. Statement by Mr. Justice McBride. This is an action by John Spain against the Oregon-Washington Railroad & Navigation Company, a corporation, for damages for the unlawful ejection of plaintiff from defendant’s train and for causing him- to be wrongfully and causelessly imprisoned.
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From Baker: Gustav Anderson, Judge. Statement by Mr. Justice McBride. This is an action by John Spain against the Oregon-Washington Railroad & Navigation Company, a corporation, for damages for the unlawful ejection of plaintiff from defendant’s train and for causing him- to be wrongfully and causelessly imprisoned. The complaint charges, in substance, that on October 19, 1912, plaintiff was a passenger on defendant’s train, and that at the time of the alleged assault he was riding thereon through the City of Huntington; that just prior to the departure of the train from Huntington, in the…
1Opinion of the CourtJustice McBride
1, 2. The question as to whether plaintiff was intoxicated or drinking intoxicating liquor is foreclosed by the verdict of the jury so far as this court is concerned. If plaintiff and his witness are to be believed, he was *360utterly innocent of drinking any intoxicating liquor and was duly sober; while, on the other hand, several apparently reputable witnesses testified that he was not only drinking liquor, but was exceedingly drunk. The jury evidently accepted the testimony of plaintiff and his witness, and we must therefore assume that plaintiff was peacefully and soberly traveling on…
2Cases cited8 opinions
- Saltzman v. Sunset Telephone & Telegraph Co.California Supreme Court · 1899
- Armstrong v. Town of CosmopolisWashington Supreme Court · 1903
- Marvin v. YatesWashington Supreme Court · 1901
- Corbley v. WilsonIllinois Supreme Court · 1874
- Adams v. BrosiusOregon Supreme Court · 1914
3 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Lippold v. KiddOregon Supreme Court · 1928
- Tomasek v. Oregon State Highway CommissionOregon Supreme Court · 1952
- State v. GardnerOregon Supreme Court · 1962
- Goldfoot v. LofgrenOregon Supreme Court · 1930
- McLaughlin v. CommissionerUnited States Board of Tax Appeals · 1933
57 more not listed; retrieve them via the Exa API.