Barclay v. Oregon-Washington R. & N. Co.
Oregon Supreme Court
From Multnomah.: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice Benson. This is an action by A. C. Barclay against the Oregon-Washington Railroad & Navigation Company, a corporation, for damages for personal injuries sustained by reason of a collision of two trains of defendant’s cars occurring in Malheur County.
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From Multnomah.: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice Benson. This is an action by A. C. Barclay against the Oregon-Washington Railroad & Navigation Company, a corporation, for damages for personal injuries sustained by reason of a collision of two trains of defendant’s cars occurring in Malheur County. Upon the day set for the trial plaintiff filed an amended complaint for the avowed purpose of bringing the action within the terms of the federal act relating to the liability of railroads to their employees. The amended complaint also contained an additional…
1Opinion of the CourtJustice Benson
1. There are but two assignments of error. The first is that the court erred in striking from the records plaintiff’s counter-affidavits bearing npon the motion for a new trial. The only comment which we need make upon this is to say that it is admitted that such counter-affidavits were filed after the statutory time in which to file such papers had elapsed, and that upon the hearing of the motion counsel for plaintiff expressly conceded that his counter-affidavits should not be considered.
2. The second assignment is that the court erred in granting the motion for a new trial. It has many…
2Cases cited2 opinions
- Stern v. VolzOregon Supreme Court · 1908
- Stahlman v. United Railways Co.Missouri Court of Appeals · 1914
3Cited by4 opinions
- Jones v. Imperial Garages, Inc.Oregon Supreme Court · 1944
- Duniway v. HadleyOregon Supreme Court · 1919
- Estate of GerhardusOregon Supreme Court · 1925
- State v. EvansOregon Supreme Court · 1920