Morata v. Oregon-Wash. R. & N. Co.
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. Action by Lorenzo Morata against the Oregon-Washington Railroad & Navigation Company, a corporation. From a verdict and judgment thereon in favor of plaintiff, defendant appealed. Affirmed. Statement by Mr. Justice Mc-Camant.
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From Multnomah: George N. Davis, Judge. Action by Lorenzo Morata against the Oregon-Washington Railroad & Navigation Company, a corporation. From a verdict and judgment thereon in favor of plaintiff, defendant appealed. Affirmed. Statement by Mr. Justice Mc-Camant. This is an action brought to recover damages for a personal injury sustained by plaintiff on December 31, 1915. At that time plaintiff had been in the employ of the track department of the defendant for approximately fifteen months. Prior to December 31st it had been snowing’ and early on the morning of that day plaintiff had been…
1Opinion of the CourtJustice McCamant
1. The assignments of error are directed wholly to the denial of defendant’s motions for a nonsuit and for a directed verdict. In speaking of a motion for a directed verdict, Mr. Justice Wolverton says, in Stager v. Troy Laundry Co., 41 Or. 141, 143 (68 Pac. 405):
“Like a motion for a nonsuit, or a demurrer to the evidence, it admits everything to he true that the testi*222mony legally tends to prove, ascribing to every statement of fact in evidence absolute credence; so that if there is testimony in' the case from which the jury can, by application of intelligent and reasonable deduction, fairly…
2Cases cited19 opinions
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Norfolk & Western Railway Co. v. EarnestSupreme Court of the United States · 1913
- Central R. of New Jersey v. ColasurdoCourt of Appeals for the Second Circuit · 1911
- Galvin v. Brown & McCabeOregon Supreme Court · 1909
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3Cited by2 opinions
- Cheffings v. HinesOregon Supreme Court · 1922
- Brundage v. Southern Pac. Co.Oregon Supreme Court · 1918