Tonseth v. Portland Ry., L. & P. Co.
Oregon Supreme Court
From Multnomah.: George N. Davis, Judge. Department 1. Statement by Mr. Justice Moore. This is an action by Cornelius Tonseth against the Portland Ky., L. & P. Co., a corporation, to recover damages for a personal injury.
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From Multnomah.: George N. Davis, Judge. Department 1. Statement by Mr. Justice Moore. This is an action by Cornelius Tonseth against the Portland Ky., L. & P. Co., a corporation, to recover damages for a personal injury. The facts are that on October 22, 1912, the plaintiff was standing at a crossing on the north side of East Belmont Street in Portland, Oregon, expecting to enter one of the defendant’s cars, which was then approaching on that street from the east on the north line of rails. While thus waiting an acquaintance, who owned and was then operating a private automobile, came from…
1Opinion of the CourtJustice Moore
1, 2. The court, referring to the accident in a part of its charge, said to the jury:
“If the injury to the plaintiff was caused by the negligence of the defendant’s servants, without negligence on the part of the plaintiff or the driver of the automobile, your verdict should be for the plaintiff; but if such injury was caused by the concurrent negligence of both the plaintiff and defendant, the plaintiff would be guilty of contributory negligence, and your verdict should be for the defendant, as the law in such case does not balance the degree of negligence or responsibility attributable to…
2Cases cited13 opinions
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- State v. SteevesOregon Supreme Court · 1896
- Pearson v. DrydenOregon Supreme Court · 1896
- Harrington v. PhippsOregon Supreme Court · 1910
- State v. GoodagerOregon Supreme Court · 1910
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Tannehill v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1919
- Godvig v. LopezOregon Supreme Court · 1949
- Waller v. City of New York Ins.Oregon Supreme Court · 1917
- White v. Portland Gas & Coke Co.Oregon Supreme Court · 1917
- Thompson v. Union Fishermen's Co-Op. Packing Co.Oregon Supreme Court · 1925
7 more not listed; retrieve them via the Exa API.