Rugenstein v. Ottenheimer
Oregon Supreme Court
Prom Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Benson. This is an action by Albertine H. Rugenstein against Henry J. Ottenheimer, for personal injuries arising from the fact of plaintiff having been struck by defendant’s automobile while walking across Washington Street, in the City of- Portland. The case has been tried three times. Upon the first trial the jury was discharged for failure to agree.
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Prom Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Benson. This is an action by Albertine H. Rugenstein against Henry J. Ottenheimer, for personal injuries arising from the fact of plaintiff having been struck by defendant’s automobile while walking across Washington Street, in the City of- Portland. The case has been tried three times. Upon the first trial the jury was discharged for failure to agree. The second trial resulted in a verdict for plaintiff, from which an appeal to this court was taken, wherein the judgment of the trial court was reversed and the cause remanded for…
1Opinion of the CourtJustice Benson
1. Defendant’s first assignment of error relates to the court’s refusal to grant a change of venue based upon the prejudice of the trial judge. The motion for a change of venue was supported by the affidavits of A. H. McCurtain and A. F. Flegal, Jr. From their affidavits it appears that after the decision by this court of the former appeal and prior to the latest trial the judge, speaking of this case, among other remarks, used substantially the following language:
“This case may be tried again, and it will be tried before me. I will see to that. And I will see that the woman gets another…
2Cases cited3 opinions
- State ex rel. Barnard v. Board of EducationWashington Supreme Court · 1898
- Massie v. CommonwealthCourt of Appeals of Kentucky · 1892
- Rugenstein v. OttenheimerOregon Supreme Court · 1914
3Cited by13 opinions
- Kelley v. John R. Daily Co.Montana Supreme Court · 1919
- State Ex Rel. Anaya v. ScarboroughNew Mexico Supreme Court · 1966
- Henderson v. Union Pacific RailroadOregon Supreme Court · 1950
- Simmons v. Washington Fidelity National InsuranceOregon Supreme Court · 1932
- Ryan v. WelteCalifornia Court of Appeal · 1948
8 more not listed; retrieve them via the Exa API.