Budd v. United Carriage Co.
Oregon Supreme Court
Appeal from Multnomah: E. D. Shattuck, Judge. This is an action brought to recover damages for injuries alleged to have been sustained by the plaintiff through the negligence of the defendant.
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Appeal from Multnomah: E. D. Shattuck, Judge. This is an action brought to recover damages for injuries alleged to have been sustained by the plaintiff through the negligence of the defendant. The complaint, after alleging that the defendant was a common carrier, and its undertaking to carry the plaintiff around and through the city, avers, in substance, that the defendant, in disregard of its duty, sent a team for this purpose which was fractious and unsafe,—that it was not properly and safely hitched to the carriage with safe gearing and appliances,—and that the driver which the defendant…
1Opinion of the Court
Opinion by
Mr. Chief Justice Lord.
1. The record discloses that when the plaintiff rested the defendant moved for a nonsuit on the ground that the testimony was insufficient to sustain the allegations of the complaint, which motion the court overruled, and the defendant excepted. The contention for the defendant is, conceding that the driver was careless on the occasion of the accident, it shows but a single act of negligence, which is not of itself sufficient to establish his general incompetency; and, for a like reason, conceding that the team became unmanageble, and began to kick and run,…
2Cases cited6 opinions
- Treadwell v. WhittierCalifornia Supreme Court · 1889
- Boyce v. California Stage Co.California Supreme Court · 1864
- McKinney v. NeilU.S. Circuit Court for the District of Ohio · 1840
- Anderson v. ScholeyIndiana Supreme Court · 1888
- Sales v. Western Stage Co.Supreme Court of Iowa · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Gow v. Multnomah Hotel, Inc.Oregon Supreme Court · 1951
- Ritchie v. THOMASOregon Supreme Court · 1950
- Richardson v. Portland Trackless Car Co.Oregon Supreme Court · 1925
- Lewark v. ParkinsonSupreme Court of Kansas · 1906
- Simpson v. the Gray Line Co.Oregon Supreme Court · 1961
5 more not listed; retrieve them via the Exa API.