Legal Opinion
Maxwell v. PORTLAND TERMINAL RAILROAD COMPANY
Oregon Supreme Court
Decided July 2, 1969PublishedCited by 24 opinions
1Opinion of the CourtGoodwin, J.
Plaintiff, a truck driver injured in a crossing collision with a railroad car during a switching operation, appeals from an order granting the railroad a new trial after a jury had awarded the plaintiff $3,200 damages.
The new trial was ordered because the trial court became convinced after the verdict that it had erroneously given a requested instruction on “future” damages. As the evidence contained no basis for such an instruction, the court properly granted the new trial. Goggan v. Consolidated Millinery, 242 Or 328, 409 P2d 174 (1965); Clark v. Fazio et al, 191 Or 522, 528, 230 P2d 553…
2Cases cited8 opinions
- Western Feed Co. v. HeidloffOregon Supreme Court · 1962
- Barney U. Brown & Sons, Inc. v. SavageSupreme Court of Oklahoma · 1953
- Clark v. FAZIOOregon Supreme Court · 1951
- Skultety v. HumphreysOregon Supreme Court · 1967
- Brown v. BonesteeleOregon Supreme Court · 1959
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- ZRZ Realty Co. v. Beneficial Fire & Casualty InsuranceOregon Supreme Court · 2010
- Baker v. EnglishOregon Supreme Court · 1997
- Caterpillar Tractor Co. v. BeckAlaska Supreme Court · 1981
- Benassi v. Georgia-PacificCourt of Appeals of Oregon · 1983
- Wolf Ex Rel. Wolf v. Nordstrom, Inc.Oregon Supreme Court · 1981
19 more not listed; retrieve them via the Exa API.