Tompkins v. Portland Ry., L. & P. Co.
Oregon Supreme Court
From Multnomah: John P. Kavanaugh, Judge. Statement by Mr. Justice Bean. This is an action by Anna Tompkins against the Portland Railway, Light & Power Company, a corporation, to recover damages on account of personal injuries alleged to have been sustained by plaintiff in attempting to board a street-car of the defendant at First and Morrison Streets in the City of Portland, Oregon, on July 15,1913. The cause was tried before the court and jury, and a verdict rendered in…
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From Multnomah: John P. Kavanaugh, Judge. Statement by Mr. Justice Bean. This is an action by Anna Tompkins against the Portland Railway, Light & Power Company, a corporation, to recover damages on account of personal injuries alleged to have been sustained by plaintiff in attempting to board a street-car of the defendant at First and Morrison Streets in the City of Portland, Oregon, on July 15,1913. The cause was tried before the court and jury, and a verdict rendered in favor of the plaintiff for $3,100. From a judgment thereon defendant appeals. The complaint alleges that on the date…
1Opinion of the CourtJustice Bean
At the close of the evidence the court was requested by the defendant to give certain instructions the refusal of which is the basis for various assignments of error.
1. Assignment No. VIII embodies the following requested charge:
“Gentlemen of the jury, you are instructed that before the plaintiff can recover in this case it is necessary for her to show, by a preponderance of the evidence, that not only did she intend to board the car, but had given some notice to the persons in charge of the car so that the persons in charge of said car knew, or in the exercise of reasonable care should have…
2Cases cited8 opinions
- Foster v. Seattle Electric Co.Washington Supreme Court · 1904
- Devroe v. Portland Ry. L. & P. Co.Oregon Supreme Court · 1913
- Pitcher v. People's Street Railway Co.Supreme Court of Pennsylvania · 1893
- Dean v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Gaffney v. St. Paul City Railway Co.Supreme Court of Minnesota · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Aschenbrenner v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1934
- Miller v. Mass Transit AdministrationCourt of Special Appeals of Maryland · 1973
- Palmer v. Willamette Val. S. Ry. Co.Oregon Supreme Court · 1918
- United States Fidelity & Guaranty Co. v. AschenbrennerCourt of Appeals for the Ninth Circuit · 1933