Myrtle Point Transp. Co. v. Port of Coquille River
Oregon Supreme Court
From Coos: John S. Coke, Judge. Action by tbe Myrtle Point Transportation Company, a corporation, against tbe Port of Coquille Eiver, a municipal corporation, and M. 0. Stemmier. From a judgment in favor of plaintiff, defendants appeal. Department 2. Statement by Mr. Justice Mc-Camant.
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From Coos: John S. Coke, Judge. Action by tbe Myrtle Point Transportation Company, a corporation, against tbe Port of Coquille Eiver, a municipal corporation, and M. 0. Stemmier. From a judgment in favor of plaintiff, defendants appeal. Department 2. Statement by Mr. Justice Mc-Camant. Plaintiff sues as tbe owner of two river steamboats, tbe “Dora” and the “Myrtle,” to recover damages sustained by these craft October 7, 1913, in a catastrophe for which it is claimed tbe defendant is responsible. It appears that on tbe evening in question these boats were berthed in the north fork of the…
1Opinion of the CourtJustice McCamant
1-4. The most strenuous insistence of defendant is that the court erred in denying its motion for a nonsuit.
“Upon a motion for a nonsuit, every intendment and every reasonable inference must be made in favor of plaintiff, and the court must assume those facts as true which the jury can fairly find from the evidence”: Thienes v. Francis, 69 Or. 165, 170 (138 Pac. 490).
Examining the testimony in the light of this rule, we find ample evidence that during the summer of 1913 the defendant slashed the brush and trees on the banks of the east fork of the Coquille; that a large amount of the brush…
2Cases cited21 opinions
- Southern Pacific Company v. JensenSupreme Court of the United States · 1916
- Giaconi v. City of AstoriaOregon Supreme Court · 1911
- Peterson v. Standard Oil Co.Oregon Supreme Court · 1910
- The TitaniaDistrict Court, S.D. New York · 1883
- Thienes v. FrancisOregon Supreme Court · 1914
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3Cited by22 opinions
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- Antin v. Union High School District No. 2Oregon Supreme Court · 1929
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- Ramp v. OsborneOregon Supreme Court · 1925
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