Kearney v. Oregon R. & N. Co.
Oregon Supreme Court
From Umatilla: Henry J. Bean, Judge. This is an action by C. M. Kearney against the Oregon Railroad & Navigation Company. From a judgment in favor of plaintiff, defendant appeals, and plaintiff now moves to dismiss the appeal. Statement by Mr. Justice McBride. This is an action for damages for personal injuries to plaintiff, resulting from alleged negligence of defendant while plaintiff was a passenger upon defendant’s railway train.
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From Umatilla: Henry J. Bean, Judge. This is an action by C. M. Kearney against the Oregon Railroad & Navigation Company. From a judgment in favor of plaintiff, defendant appeals, and plaintiff now moves to dismiss the appeal. Statement by Mr. Justice McBride. This is an action for damages for personal injuries to plaintiff, resulting from alleged negligence of defendant while plaintiff was a passenger upon defendant’s railway train. There is evidence on plaintiff’s behalf tending to show that on May 28, 1909, plaintiff entered the coach in which he was riding at Umatilla, and that the train…
1Opinion of the Court
Decided January 24, 1911.
On Motion to Dismiss.
[112 Pac. 1083.]
Opinion
2Per curiam
1. Respondent Kearney on December 7, 1910, moved the court to dismiss the appeal in this case for the reason that appellant failed to file its brief within the time provided by rule 6 (50 Or. 572: 91 Pac. viii). It appears from the record that appellant’s brief should have been filed on or before November 27th; that on December 3d defendant made an application to this court for an extension of time until December 22d, in which to file its brief, which was granted on December 5th. From the showing made, there can be no…
3Cases cited5 opinions
- Wagner v. PortlandOregon Supreme Court · 1902
- Neppach v. JonesOregon Supreme Court · 1895
- Scott v. ForrestWashington Supreme Court · 1895
- Wood v. FiskOregon Supreme Court · 1904
- Kearney v. Oregon R. & N. Co.Oregon Supreme Court · 1911
4Cited by17 opinions
- Public Market Co. v. City of PortlandOregon Supreme Court · 1942
- Oro Elec. Corp. v. R.R. Comm'n of Cal.California Supreme Court · 1915
- In re State to Issue Bonds to Fund IndebtednessSupreme Court of Oklahoma · 1912
- Southwestern Telegraph & Telephone Co. v. City of DallasCourt of Appeals of Texas · 1915
- Northwest Natural Gas Co. v. City of PortlandOregon Supreme Court · 1985
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