Wallace v. Suburban Railway Co.
Oregon Supreme Court
Appeal from Multnomah: E. D. Shattuck, Judge. This is an action by John E. Wallace, administrator of the estate of Mary Bodiala, deceased, against the City and Suburban Railway Company to recover damages for the death of plaintiff’s intestate, caused by the alleged negligence of the defendant corporation in the management and operation of one of its electric street cars on Savier Street, in the City of Portland.
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Appeal from Multnomah: E. D. Shattuck, Judge. This is an action by John E. Wallace, administrator of the estate of Mary Bodiala, deceased, against the City and Suburban Railway Company to recover damages for the death of plaintiff’s intestate, caused by the alleged negligence of the defendant corporation in the management and operation of one of its electric street cars on Savier Street, in the City of Portland. The negligence charged in the complaint is that a car, while being run and operated recklessly, negligently, and carelessly, and without the exercise of any care and attention, and at…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
*1761. Appellant now insists that the' court erred in overruling its motion for a nonsuit. The refusal to nonsuit was proper, unless the evidence for the plaintiff, taken in its most favorable light, would not authorize the jury to find a verdict in his favor. On a motion for a nonsuit every intendment and every fair and legitimate inference which can arise from the evidence must be made in favor of the plaintiff, and the court must assume those facts as true which a jury could properly find under the evidence. “Before a court is authorized to grant a nonsuit for…
2Cases cited8 opinions
- Stone v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1889
- Byrne v. . the New York Central and Hudson River Rd. Co.New York Court of Appeals · 1881
- Hartvig v. N. P. L. Co.Oregon Supreme Court · 1890
- Herbert v. DufurOregon Supreme Court · 1893
- Barry v. New York Central & Hudson River RailroadNew York Court of Appeals · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Chicago City Railway Co. v. TuohyIllinois Supreme Court · 1902
- Harrison v. BirrellOregon Supreme Court · 1911
- Farrin v. State Industrial Accident CommissionOregon Supreme Court · 1922
- Lowe v. Salt Lake CityUtah Supreme Court · 1896
- First Nat. Bank v. Fire Ass'nOregon Supreme Court · 1898
23 more not listed; retrieve them via the Exa API.