Palmer v. Portland Ry. L. & P. Co.
Oregon Supreme Court
From Marion: George H. Burnett, Judge. Statement by Mr. Justice McBride. This is an action by Laura Palmer against the Portland Railway Light & Power Company, to recover damages sustained by plaintiff for injuries inflicted in a collision between an electric car operated on defendant’s street railway and a buggy in which plaintiff was riding.
Read the full summary
From Marion: George H. Burnett, Judge. Statement by Mr. Justice McBride. This is an action by Laura Palmer against the Portland Railway Light & Power Company, to recover damages sustained by plaintiff for injuries inflicted in a collision between an electric car operated on defendant’s street railway and a buggy in which plaintiff was riding. This case was before the court on a former appeal, and is reported in 56 Or. 262, (108 Pac. 211). Another trial was had in the circuit court, resulting in a general verdict for plaintiff in the sum of $425. With the form of general verdict, the court…
1Opinion of the CourtJustice McBride
1. Taken as a whole, the findings of fact in the special verdict amount to this: That the defendant was operating its car at an unlawful rate of speed; that the motorman in charge failed to ring the bell, or otherwise give warning of the approach of the car, but that he could *542not, in the exercise of ordinary care, have stopped the car after it became apparent that plaintiff was about to cross the track in front of it. These findings conclusively settle the fact of defendant’s negligence. Conceding, for the purposes of this case, the proposition that finding No. 4 was upon an evidentiary fact,…
2Cases cited7 opinions
- Chicago & Northwestern Railway Co. v. DunleavyIllinois Supreme Court · 1889
- Board of Commissioners v. BonebrakeIndiana Supreme Court · 1896
- Jones v. CaslerIndiana Supreme Court · 1894
- Equitable Accident Insurance v. StoutIndiana Supreme Court · 1893
- Chicago City Railway Co. v. TaylorIllinois Supreme Court · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Archambeau v. EdmunsonOregon Supreme Court · 1918
- Columbia River Door Co. v. PriestOregon Supreme Court · 1929
- Horn v. Elgin Warehouse Co.Oregon Supreme Court · 1920
- Herrlin v. Brown & McCabeOregon Supreme Court · 1914
- Jones v. National Laundry Co.Oregon Supreme Court · 1913