Cranston v. West Coast Life Ins.
Oregon Supreme Court
From Baker: Gustav Anderson, Judge. In Banc. Statement by Mr. Justice Bean. This is an action by Irene M. Cranston as the beneficiary named in the policy of insurance written by the West Coast Life Insurance Company on the life of Walter A. Cranston, deceased, husband of the plaintiff. The trial of this cause in the lower court resulted in a verdict for the plaintiff, on which a judgment was entered, from which the defendant appeals. This is the second appeal in this case.
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From Baker: Gustav Anderson, Judge. In Banc. Statement by Mr. Justice Bean. This is an action by Irene M. Cranston as the beneficiary named in the policy of insurance written by the West Coast Life Insurance Company on the life of Walter A. Cranston, deceased, husband of the plaintiff. The trial of this cause in the lower court resulted in a verdict for the plaintiff, on which a judgment was entered, from which the defendant appeals. This is the second appeal in this case. A judgment for the plaintiff entered upon a directed verdict at the first trial of the case was reversed by this court:…
1DissentJustice Burnett
delivered the following dissenting opinion:
This is the second appeal in this case, a judgment for the plaintiff having been reversed by the decision of this court reported at 63 Or. 427 (128 Pac. 427). The facts disclosed in the present record are identically the same that appeared on the former appeal. That decision became the law of the case, and is binding on all subsequent litigation between the same parties for the same thing: Section 756, L. O. L.; Powell v. D. S. & G. R. R. Co., 14 Or. 22 (12 Pac. 83); Thompson v. Hawley, 16 Or. 251 (19 Pac. 84); Applegate v. Dowell, 17 Or. 299 (20…
2Cases cited17 opinions
- Cranston v. West Coast Life InsuranceOregon Supreme Court · 1912
- Schreyer v. Turner Flouring Co.Oregon Supreme Court · 1896
- Powell v. D. S. & G. R. R.Oregon Supreme Court · 1886
- Stringham v. Mutual Ins.Oregon Supreme Court · 1904
- Stager v. Troy Laundry Co.Oregon Supreme Court · 1902
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