Manning v. Portland Ship Building Co.
Oregon Supreme Court
From Multnomah: Arthur L. Frazer, Judge. Statement by Mr. Justice Eakin. This is a personal injury case, in which William M. Manning, plaintiff, recovered a judgment against the Portland Steel Ship Building Co., and defendant appeals. In September, 1906, the defendant was engaged in rebuilding the steamship, Geo. W. Elder.
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From Multnomah: Arthur L. Frazer, Judge. Statement by Mr. Justice Eakin. This is a personal injury case, in which William M. Manning, plaintiff, recovered a judgment against the Portland Steel Ship Building Co., and defendant appeals. In September, 1906, the defendant was engaged in rebuilding the steamship, Geo. W. Elder. Plaintiff, with another workman, was employed by it, as an inexperienced laborer, in cutting off the heads of rivets by means of a steel chisel and sledge. The chisel is about 4 or 5 inches in length, and about 114 inches thick, having a groove around it near the top, in…
1Opinion of the CourtJustice Eakin
1. There are but two assignments of error: (1) In denying defendant’s motion for judgment of nonsuit; (2) in denying defendant’s motion to set aside the verdict and grant a new trial. Only the first assignment can be considered. A motion to set aside a verdict and grant a new trial, based upon insufficiency of the evidence, is addressed to the discretion of the court; and the denial of it is not assignable as error on appeal: Crossen v. Oliver, 41 Or. 505 (69 Pac. 308).
1 The consideration of the motion for nonsuit involves only the question whether there was any evidence before the jury…
2Cases cited14 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Griffin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1889
- Cincinnati, Hamilton & Dayton Railroad v. McMullenIndiana Supreme Court · 1889
- Johnston v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1892
- Morgan's EstateOregon Supreme Court · 1904
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Swaim v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1919
- Woods v. WikstromOregon Supreme Court · 1913
- Benson v. BirchOregon Supreme Court · 1932
- Gynther v. Brown & McCabeOregon Supreme Court · 1913
- Watts v. Spokane, P. & S. Ry. Co.Oregon Supreme Court · 1918
13 more not listed; retrieve them via the Exa API.