Hutchings v. Royal Bakery
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice Bean. This is an action by George Hutchings against the Royal Bakery & Confectionery Co., for damages for personal injuries. From an order granting plaintiff a voluntary nonsuit, defendant appeals. The defendant filed a demurrer to the complaint, and upon the same being overruled issues were joined, and the cause came on for trial before a jury.
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From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice Bean. This is an action by George Hutchings against the Royal Bakery & Confectionery Co., for damages for personal injuries. From an order granting plaintiff a voluntary nonsuit, defendant appeals. The defendant filed a demurrer to the complaint, and upon the same being overruled issues were joined, and the cause came on for trial before a jury. Three witnesses were sworn and testified on behalf of plaintiff. To the question as to whether or not plaintiff’s injuries were permanent, propounded to Dr. A. W. Moore, one of the…
1Opinion of the CourtJustice Bean
Mr. Justice McBride dissenting.
The defendant contends first, that the plaintiff was not entitled to a voluntary nonsuit after a trial upon the demurrer, unless he filed an amended complaint; second, that he was not entitled to the same after the commencement or during the trial of the cause. Section 182, L. O. L., provides that a judgment of nonsuit may be given against the plaintiff (1) on motion of plaintiff, at any time before trial, unless a counterclaim has been pleaded as a defense; (2) on motion of either party upon the written consent of the other; (3) on motion of the defendant, when…
2Cases cited21 opinions
- Alley v. NottSupreme Court of the United States · 1884
- Matter of Petition of ButlerNew York Court of Appeals · 1886
- Carleton v. . DarcyNew York Court of Appeals · 1878
- Carney v. DuniwayOregon Supreme Court · 1899
- Ferguson v. IngleOregon Supreme Court · 1900
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3Cited by9 opinions
- Chance v. CarterOregon Supreme Court · 1916
- State v. Pacific Live Stock Co.Oregon Supreme Court · 1919
- Pfleeger v. SWANSONOregon Supreme Court · 1961
- Clement v. Producers' Refining Co.Court of Appeals of Texas · 1925
- Vermont Loan & Trust Co. v. BramelOregon Supreme Court · 1924
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