Domurat v. Oregon-Washington R. & N. Co.
Oregon Supreme Court
Prom Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Ramsey. This is an action in which Peter Domurat sought to recover from the Oregon-Washington Railroad & Navigation Company, a corporation, the sum of $10,000 as damages, which he claims to have sustained while working for the defendant in handling freight at- its freight depot in Portland. The amended complaint states the facts constituting the plaintiff’s cause of action in proper form.
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Prom Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Ramsey. This is an action in which Peter Domurat sought to recover from the Oregon-Washington Railroad & Navigation Company, a corporation, the sum of $10,000 as damages, which he claims to have sustained while working for the defendant in handling freight at- its freight depot in Portland. The amended complaint states the facts constituting the plaintiff’s cause of action in proper form. The plaintiff’s right of action is based on alleged negligence of the defendant, whereby the plaintiff lost the big toe of his left foot. The…
1Opinion of the CourtJustice Ramsey
There are five assignments of error in this case.
1. The plaintiff was permitted to amend the complaint by adding two paragraphs thereto after the commencement of the trial. These amendments did not substantially change the cause of action. Therefore the court had the right in its discretion to allow them: Section 102 L. O. L.; Doyle v. Southern Pac. Co., 56 Or. 495 (108 Pac. 201).
2. The defendant assigns as error the refusal of the court below to give the jury the requested charges numbered from two to ten, both inclusive. These requested charges were not discussed in the argument, and we…
2Cases cited9 opinions
- Galvin v. Brown & McCabeOregon Supreme Court · 1909
- Roth v. Northern Pacific Lumbering Co.Oregon Supreme Court · 1889
- Stager v. Troy Laundry Co.Oregon Supreme Court · 1902
- McGregor v. Oregon R. & N. Co.Oregon Supreme Court · 1908
- Dillard v. Olalla Mining Co.Oregon Supreme Court · 1908
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Carty v. McMenamin & WardOregon Supreme Court · 1923
- Houston v. Co.Oregon Supreme Court · 1917
- Filkins v. Portland Lumber Co.Oregon Supreme Court · 1914
- Watts v. Spokane, P. & S. Ry. Co.Oregon Supreme Court · 1918
- Cole v. Canadian Bank of CommerceOregon Supreme Court · 1925
7 more not listed; retrieve them via the Exa API.