Pullen v. Eugene
Oregon Supreme Court
From Lane: Lawrence T. Harris, Judge. Statement by Mr. Chiee Justice Moore. This is an action by Josie Pullen against tbe City of Eugene, a municipal corporation, to recover damages for a personal injury.
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From Lane: Lawrence T. Harris, Judge. Statement by Mr. Chiee Justice Moore. This is an action by Josie Pullen against tbe City of Eugene, a municipal corporation, to recover damages for a personal injury. Tbe plaintiff, Josie Pullen, was returning at nigbt from tbe business section of tbe City of Eugene to ber borne in company witb ber husband, wbo stepped on tbe outer end of a broken plank in tbe sidewalk, thereby elevating one end of the middle fracture, over which she stumbled and fell, sustaining an injury. The complainant charges that the defendant negligently constructed on Willamette…
1Opinion of the Court
*324Opinion by
Mr. Chief Justice Moore.
1-4. It is contended that upon a motion for a new trial, which is an application for a re-examination of an issue of fact, the court was not authorized to set aside the judgment in consequence of having sustained a demurrer to the answer, which ruling is a determination of an issue of law, and hence an error was committed in this respect. A text writer, in discussing the subject of a new trial observes:
“The question as to the sufficiency or insufficiency of the evidence to justify the findings raises a plain issue of fact, and is properly determined on a new…
2Cases cited10 opinions
- Mattson v. AstoriaOregon Supreme Court · 1901
- Batdorff v. Oregon CityOregon Supreme Court · 1909
- Matter of Application of La DueCalifornia Supreme Court · 1911
- De Vall v. De VallOregon Supreme Court · 1911
- Browning v. City of SpringfieldIllinois Supreme Court · 1855
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3Cited by30 opinions
- Horton v. Oregon Health & Science UniversityOregon Supreme Court · 2016
- Noonan v. City of PortlandOregon Supreme Court · 1938
- Stewart v. HoukOregon Supreme Court · 1928
- LEVENE ET UX. v. City of SalemOregon Supreme Court · 1951
- Larson v. Heintz Construction Co.Oregon Supreme Court · 1959
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