Oregon Cascades R. R. v. Oregon Steam Navigation Co.
Multnomah County Circuit Court, Oregon
The jury having rendered a verdict in favor of the intervenor, the Oregon Steam Navigation Company, the defendant filed a motion for a new trial. The exceptions are stated in the opinion filed.
1Opinion of the CourtUpton, J.
The point first presented by the plaintiff as ground for a new trial, is, that the evidence is insufficient to sustain the verdict. To sustain the allegation of failure of evidence, these points are presented:
1st. That the defendant had abandoned the use of the premises for railway purposes. On this subject the evidence is conflicting. A verdict that is subject to no other objection should not be set aside because the judge may differ from the jury as to the preponderance of evidence.
2d. Tliat-the defendants proved no ownership of the land. I think the evidence shows the intervenor to be…
2Cases cited2 opinions
- Dana v. TuckerNew York Supreme Court · 1809
- Robbins v. WindoverSupreme Court of Vermont · 1802
3Cited by8 opinions
- Lakin v. Senco Products, Inc.Oregon Supreme Court · 1999
- State v. WoodmanOregon Supreme Court · 2006
- Sullivan v. CarpenterOregon Supreme Court · 1948
- Whisnant v. HollandOregon Supreme Court · 1956
- Graham v. Coos Bay R. & N. Co.Oregon Supreme Court · 1914
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