Ford v. Umatilla County
Oregon Supreme Court
Appeal from Umatilla County. When it appeared that plaintiff was intoxicated, the burden is on him to show that he did not contribute to his injury. (Cramer v. City of Burlington, 42 Iowa, 315; Burns v. lown of Elba, 32 "Wis. 605; Shearman & Redfield on Negligence, § 45.) If a witness has testified falsely, his testimony should be totally disregarded.
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Appeal from Umatilla County. When it appeared that plaintiff was intoxicated, the burden is on him to show that he did not contribute to his injury. (Cramer v. City of Burlington, 42 Iowa, 315; Burns v. lown of Elba, 32 "Wis. 605; Shearman & Redfield on Negligence, § 45.) If a witness has testified falsely, his testimony should be totally disregarded. (State v. Lee Hale, 12 Or. 352.) Every tax-payer of a municipal corporation is subject to a challenge in an action against the municipality of which he is a member. (Code, subd. 4, § 184, p. 143; Commonw. v. MaLane, 70 Mass. 427; Hawes v.…
1Opinion of the CourtThayer, J.
The respondent commenced an action in-said Circuit Court against the appellant to recover damages for injury to certain personal property. He alleged in his complaint that on the 13th day of October, 1884, he was traveling through said county, transporting a quantity of household goods, and stock, cattle, and horses, and that while his team of four horses and a wagon, with a load of household goods, merchandise, and library, were being driven over and across the county bridge, over Butter Creek, in said county, at the “ Ewing place,” and the respondent was unaware of the bridge being…
2Cases cited1 opinion
- Bequette v. Peoples' Transportation Co.Oregon Supreme Court · 1867
3Cited by23 opinions
- Templeton v. Linn CountyOregon Supreme Court · 1892
- Multnomah County v. Willamette Towing Co.Oregon Supreme Court · 1907
- State v. MegordenOregon Supreme Court · 1907
- Colbert v. Journal Publishing Co.New Mexico Supreme Court · 1914
- State v. RathieOregon Supreme Court · 1921
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