Wallace v. Portland Railway, Light & Power Co.
Oregon Supreme Court
From Multnomah: C. U. Gante nbein, Judge. Department 1. This is an action for damages for injuries alleged to have been sustained by plaintiff by reason of the negligence of defendant’s servants in the management and operation of one of defendant’s street-cars. The cause was before this court on a previous appeal and is reported in 88 Or. 260 (159 Pac. 974, 170 Pac. 283). Upon a retrial there was a verdict with judgment for plaintiff, from which the defendant appeals.
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From Multnomah: C. U. Gante nbein, Judge. Department 1. This is an action for damages for injuries alleged to have been sustained by plaintiff by reason of the negligence of defendant’s servants in the management and operation of one of defendant’s street-cars. The cause was before this court on a previous appeal and is reported in 88 Or. 260 (159 Pac. 974, 170 Pac. 283). Upon a retrial there was a verdict with judgment for plaintiff, from which the defendant appeals. The complaint contains the following allegations as to the negligence of defendant: “Thaj; on, to wit, May 8, 1915, in the…
1Opinion of the CourtMcBRIDE, J.
— The pivotal question presented on this appeal is this: Where the complaint charges that an injury was produced by the negligent act or omission of the defendant’s employees, and the answer denies both the fact of the injury and the negligence of said employees and alleges that if any injury occurred it was caused by the negligent act of the plaintiff in attempting to alight from the car while in motion, is the defendant entitled to an instruction based upon the theory of contributory negligence of the plaintiff1? While the question seems to be settled in this state by the decisions…
2Cases cited16 opinions
- Connecticut Mutual Life Insurance v. TalbotIndiana Supreme Court · 1887
- Beers v. Housatonuc Rail-roadSupreme Court of Connecticut · 1849
- Rusch v. City of DavenportSupreme Court of Iowa · 1858
- Haynes v. TrentonSupreme Court of Missouri · 1894
- Holt v. Spokane & Palouse Railway Co.Idaho Supreme Court · 1895
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hoffman v. Southern Pacific Co.California Court of Appeal · 1927
- French v. TebbenIdaho Supreme Court · 1933
- Shoemaker v. SELNESOregon Supreme Court · 1960
- Moe v. AlsopOregon Supreme Court · 1950
- Ingalls v. IsenseeOregon Supreme Court · 1943
9 more not listed; retrieve them via the Exa API.