Coughtry v. Willamette Street Railway Co.
Oregon Supreme Court
Defendant appeals. This is an action commenced in justice’s court for East Portland precinct in Multnomah county, Oregon, to recover damages for alleged negligence.
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Defendant appeals. This is an action commenced in justice’s court for East Portland precinct in Multnomah county, Oregon, to recover damages for alleged negligence. After alleging the defendant’s corporate existence, the complaint charges: “That plaintiff was, on the ninth day of February, 1891, the owner of one span of sorrel horses, seven years of age, and on that day was on said N street at work with said horses, and while so at work on said street between Seventh and Eighth streets with said horses, the defendant, while running its locomotive engine and cars on said street, through the…
1Opinion of the CourtStrahaN, C. J.
The only error relied upon on this appeal is the refusal of the court below to allow defendant’s motion for a nonsuit. The ground of the motion was that the plaintiff had failed to prove a case sufficient to be submitted to the jury. This state of the record imposes the delicate duty upon this court of looking into and consider*248ing the evidence to determine whether or not any facts were - proven which in any view that could be reasonably taken of them would entitle the plaintiff to a verdict.
To sustain its contention, the appellant makes two points: (1) That the plaintiff failed to prove that…
2Cited by4 opinions
- Johnston v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1892
- State v. RichardsonOregon Supreme Court · 1906
- Terre Haute Electric Railway Co. v. YantIndiana Court of Appeals · 1898
- Higgins v. Wilmington City Railway Co.Superior Court of Delaware · 1895