Legal Opinion
Bass v. Southern Pacific Co.
District Court, D. Oregon
Decided July 21, 1961No. Civ. No. 61-35PublishedCited by 3 opinions
1Opinion of the Court
KILKENNY, District Judge.
Defendant moves for a summary judgment under the provisions of Rule 56, F.R.Civ.P., 28 U.S.C.A. Defendant contends that the record before the Court conclusively demonstrates plaintiff’s contributory negligence and that under the Oregon law he is precluded from recovery. The action grows out of a collision between plaintiff's automobile and defendant’s train. Plaintiff charges defendant with negligence. In its answer defendant charges plaintiff with contributory negligence. Defendant supports its charge with plaintiff’s testimony in his deposition and with the…
2Cases cited13 opinions
- Radio City Music Hall Corp. v. United StatesCourt of Appeals for the Second Circuit · 1943
- Fish v. Southern Pacific Co.Oregon Supreme Court · 1943
- Charlie Cox v. American Fidelity & Casualty Co., a Corporation and Underwriters at Lloyd's, LondonCourt of Appeals for the Ninth Circuit · 1957
- Ronald M. Byrnes v. The Mutual Life Insurance Company of New York, a CorporationCourt of Appeals for the Ninth Circuit · 1955
- Robert N. Cameron and Jack Crawford v. Vancouver Plywood CorporationCourt of Appeals for the Ninth Circuit · 1959
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3Cited by3 opinions
- Evelyn Edmondson Bland v. Norfolk and Southern Railroad Company, IncorporatedCourt of Appeals for the Fourth Circuit · 1969
- Industrial Building Materials, Inc. v. Interchemical Corp.District Court, C.D. California · 1967
- Roy Adamsen v. Asbury Transportation Company, a CorporationCourt of Appeals for the Ninth Circuit · 1962