Legal Opinion

Smitson v. Southern Pacific Co.

Oregon Supreme Court

Decided April 16, 1900PublishedCited by 30 opinions

From Lane : J. C. Fullerton, Judge. This is an action by Jennie Smitson to recover damages from the Southern Pacific Co. for personal injuries.

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From Lane : J. C. Fullerton, Judge. This is an action by Jennie Smitson to recover damages from the Southern Pacific Co. for personal injuries. It is alleged in the complaint, in substance, that on July 29, 1897, plaintiff was a passenger on defendant’s train from Coburg to Springfield, Oregon, and as the train approached the latter station, about 9 o’clock P. M., the signal whistle was given, the speed gradually slackened, and the train stopped about one hundred and twenty-five feet from the platform of the station; that, the night being dark, the brakeman invited plaintiff to alight,…

1Opinion of the CourtJustice Moore

1. At the trial, plaintiff having offered her testimony and rested, defendant’s counsel moved the court for a judgment of nonsuit, on the ground that she had failed to show any negligence on defendant’s part, but, the motion being overruled, an exception was saved. The rule is well settled in this state that a motion for a judgment of nonsuit is in the nature of a demurrer to the evidence, in the disposal of which all the testimony produced by plaintiff is to be regarded as true, together with every intendment and reasonable inference which can arise thereon, and, when so considered, if a…

2Cases cited65 opinions

  1. Louisville, New Albany & Chicago Railway Co. v. FalveyIndiana Supreme Court · 1885
  2. Cleveland, Columbus, Cincinnati & Indianapolis Railroad v. NewellIndiana Supreme Court · 1885
  3. State v. SteevesOregon Supreme Court · 1896
  4. Kearney v. SnodgrassOregon Supreme Court · 1885
  5. State v. AndersonOregon Supreme Court · 1882

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3Cited by30 opinions

  1. Lakin v. Senco Products, Inc.Oregon Supreme Court · 1999
  2. Hansen v. BussmanOregon Supreme Court · 1976
  3. Farmers' National Bank v. WoodellOregon Supreme Court · 1900
  4. State v. BrinkleyOregon Supreme Court · 1909
  5. State v. DonahueOregon Supreme Court · 1914

25 more not listed; retrieve them via the Exa API.

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