Legal Opinion

Hutchings v. Royal Bakery

Oregon Supreme Court

Decided April 22, 1913Published

From Multnomah.: Henry E. McGinn, Judge. Statement by Mr. Justice Eakin. This is an action by George Hutchings against the Royal Bakery and Confectionery Company, a corporation, to recover damages for personal injuries received by the plaintiff on the 3d day of May, 1909. The action was first commenced on September 27,1909. The case was put at issue and trial commenced, when plaintiff moved for a judgment of nonsuit, which was on January 10, 1910, allowed by the court.

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From Multnomah.: Henry E. McGinn, Judge. Statement by Mr. Justice Eakin. This is an action by George Hutchings against the Royal Bakery and Confectionery Company, a corporation, to recover damages for personal injuries received by the plaintiff on the 3d day of May, 1909. The action was first commenced on September 27,1909. The case was put at issue and trial commenced, when plaintiff moved for a judgment of nonsuit, which was on January 10, 1910, allowed by the court. Thereafter, on January.18, 1910, plaintiff commenced a second action for the same cause, to which the defendant filed a plea…

1Opinion

*307Denied June 10, 1913.

On Petition eoe Reheaeing.

(131 Pac. 514.)

2Opinion of the CourtJustice Eakin

2. Defendant by his petition for rehearing asks only that the decree be modified to the effect that the cause be remanded with permission to apply to the Circuit Court for leave to answer, relying upon the cases of Powell v. Dayton etc. R. Co., 13 Or. 446 (11 Pac. 222), 14 Or. 22 (12 Pac. 83); State ex rel. v. Metschan, 32 Or. 372 (46 Pac. 791, 41 L. R. A. 692); Lieuallen v. Mosgrove, 33 Or. 282 (54 Pac. 260); Fishburn v. Londershausen, 50 Or. 363 (92 Pac. 1060, 15 Ann. Cas. 975, 14 L. R. A. (N. S.) 1234). It will be noted that all…

3Cases cited8 opinions

  1. State v. RichardsonOregon Supreme Court · 1906
  2. State v. MetschanOregon Supreme Court · 1896
  3. Powell v. D. S. & G. R. R.Oregon Supreme Court · 1886
  4. Fishburn v. LondershausenOregon Supreme Court · 1907
  5. Lieuallen v. MosgroveOregon Supreme Court · 1898

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