Armstrong v. Portland Ry. Co.
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. This is an action by Nora Armstrong against the Portland Railway Co. to recover damages for an injury sustained by the plaintiff while attempting to alight from one of defendant’s cars. Trial was had before a jury, and at the conclusion of which the court directed the jury to return a verdict in favor of the defendant, and plaintiff appeals. Statement by Mr. Chief Justice Bean.
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From Multnomah: John B. Cleland, Judge. This is an action by Nora Armstrong against the Portland Railway Co. to recover damages for an injury sustained by the plaintiff while attempting to alight from one of defendant’s cars. Trial was had before a jury, and at the conclusion of which the court directed the jury to return a verdict in favor of the defendant, and plaintiff appeals. Statement by Mr. Chief Justice Bean. This is an action to recover damages for an injury received by plaintiff while attempting to alight from one of defendant’s cars_. It is alleged in the complaint, in substance,…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
The motion to strike out the answer of defendant was properly denied for two reasons:
1. First. The statute provides that disobedience to a subpoena may be punished as a contempt, and, if the witness be a party, his complaint, answer, or reply may be stricken out. The word “party,” as used in this statute, includes only parties to the action. Mr. Huggins was not a party, and the result of his disobedience to a subpoena cannot be visited upon the defendant: Seeley v. Clarke, 78 N. Y. 220; Gulf, C. & S. Ry. Co. v. White (Tex. Civ. App.) 32 S. W. 322.
2. Second.…
2Cases cited7 opinions
- Smitson v. Southern Pacific Co.Oregon Supreme Court · 1900
- Cully v. Northern Pacific Railway Co.Washington Supreme Court · 1904
- Goss v. Northern Pacific Railway Co.Oregon Supreme Court · 1906
- Bradley v. Fort Wayne & Elmwood Railway Co.Michigan Supreme Court · 1892
- Seeley v. . ClarkNew York Court of Appeals · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Richardson v. Portland Trackless Car Co.Oregon Supreme Court · 1925
- Watts v. Spokane, P. & S. Ry. Co.Oregon Supreme Court · 1918
- State Ex Rel. Thesman v. DooleyOregon Supreme Court · 1974
- McCoy v. Omaha & Council Bluffs Street Railway Co.Nebraska Supreme Court · 1920
- Sumner v. Grays Harbor Railway & Light Co.Washington Supreme Court · 1916
2 more not listed; retrieve them via the Exa API.