Johnson v. Underwood
Oregon Supreme Court
From Multnomah: Geo. G. Bingham, Judge. Department 2. This is an appeal from a judgment for damages resulting from the death of one Gustav Johnson. On November 21, 1919, two motor-cars collided at the intersection of Powell Valley Road with East 82d Street, Portland, Multnomah County, Oregon, with the result that Johnson was hurled from the car in which he was riding and instantly killed.
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From Multnomah: Geo. G. Bingham, Judge. Department 2. This is an appeal from a judgment for damages resulting from the death of one Gustav Johnson. On November 21, 1919, two motor-cars collided at the intersection of Powell Valley Road with East 82d Street, Portland, Multnomah County, Oregon, with the result that Johnson was hurled from the car in which he was riding and instantly killed. Thereafter Josephine Johnson, his widow, was duly appointed administratrix of his estate and duly qualified as such. An action at law for damages followed. John Ferguson, one of the defendants, was a real…
1Opinion of the CourtBrown, J.
1. Appellant’s assignments numbered 1, 2 and 3, involving a motion for nonsuit, for a directed verdict, and a requested instruction, cover the same ground, thus presenting but one question. Underwood contends that by virtue of the circumstances disclosed by the record, the negligence of Anderson, the driver of the Ford, was imputable to the occupants of his car. Also, it is asserted that Anderson’s negligence in driving the car was apparent and continuous, and the likelihood of danger obvious.
While Johnson was an occupant of the Ford operated by Anderson, the law imposed upon him, as such…
2Cases cited23 opinions
- Thompson v. Los Angeles & San Diego Beach Railway Co.California Supreme Court · 1913
- Emmons v. Southern Pac. Co.Oregon Supreme Court · 1920
- State v. EvansOregon Supreme Court · 1920
- Patty v. Salem Flouring Mills Co.Oregon Supreme Court · 1909
- Massey v. SellerOregon Supreme Court · 1904
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3Cited by35 opinions
- Stewart v. HoukOregon Supreme Court · 1928
- Oklahoma Hospital v. BrownSupreme Court of Oklahoma · 1922
- Marquam Investment Corp. v. MyersCourt of Appeals of Oregon · 1978
- Shelton v. LOWELLOregon Supreme Court · 1952
- Casto v. HansenOregon Supreme Court · 1927
30 more not listed; retrieve them via the Exa API.