Hamilton v. North Pac. S. S. Co.
Oregon Supreme Court
From Multnomah: Lawrence T. Harris, Judge. Action by H. D. Hamilton against the North Pacific Steamship Company, a corporation. From a judgment in favor of plaintiff, defendant appeals. Reversed and remanded. Department 1. Statement by Mr. Justice MoCamant.
Read the full summary
From Multnomah: Lawrence T. Harris, Judge. Action by H. D. Hamilton against the North Pacific Steamship Company, a corporation. From a judgment in favor of plaintiff, defendant appeals. Reversed and remanded. Department 1. Statement by Mr. Justice MoCamant. This is an action brought to recover damages for a personal injury sustained by plaintiff on June 21,1912. Plaintiff suffered the injuries complained of while working for the defendant on the steamship “Roanoke” and while the steamship was on the high seas. The pleadings admit that the “Roanoke” at the time in question was owned and…
1Opinion of the CourtJustice McCamant
1. There is but one question presented by this appeal : Did the lower court err in excluding evidence as to the California statute of limitations applicable to this character of litigation? In other words: Does the California statute or the Oregon statute apply for the purpose of fixing the time within which plaintiff was required to bring his action? It is elementary and is conceded by both parties to this appeal that the law of *74the forum ordinarily determines the time within which plaintiff must sue. The defendant relies wholly on Section 26, L. O. L., which is as follows:
“When the cause of…
2Cases cited23 opinions
- Shaw v. Quincy Mining Co.Supreme Court of the United States · 1892
- Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894
- The HamiltonSupreme Court of the United States · 1907
- Railroad Co. v. KoontzSupreme Court of the United States · 1881
- La BourgogneSupreme Court of the United States · 1908
18 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Enco, Inc. v. F. C. Russell Co.Oregon Supreme Court · 1957
- State Ex Rel. Kahn v. TazwellOregon Supreme Court · 1928
- Nelson v. RichardsonAppellate Court of Illinois · 1938
- Whittington v. DavisOregon Supreme Court · 1960
- In Re Advisory Opinion to GovernorSupreme Court of Florida · 1971
11 more not listed; retrieve them via the Exa API.