Askay v. Maloney
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice Moore. This is an action by T. M. Askay against P. E. Maloney, T. Swennes, and the Southwestern Surety Insurance Company, a corporation, to recover damages for the death of plaintiff’s son, Walter E. Askay, which was caused by.a gunshot wound.
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From Multnomah: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice Moore. This is an action by T. M. Askay against P. E. Maloney, T. Swennes, and the Southwestern Surety Insurance Company, a corporation, to recover damages for the death of plaintiff’s son, Walter E. Askay, which was caused by.a gunshot wound. The material facts are that after dark, on December 25, 1914, W. Hines was assaulted upon a street in Portland, Oregon, by two colored men who forcibly took from him a watch and some money. He reported the loss to the city police department, and the defendants, detectives…
1Opinion of the CourtJustice Moore
1, 2. It is contended that the special finding by the jury absolves the defendants from all civil liability, and this being so errors were committed in receiving the general verdicts and in rendering judgment thereon. A careful reading of the instructions given to the jury induces the belief that the word “warranted” as used by the court in its interrogatory was intended to be understood as “justified.” Maloney and Swennes, as members of the police force of Portland, Oregon, having reason to believe, and evidently believing, that a felony had been committed in that city, and that Jones was…
2Cases cited16 opinions
- Morris v. PlattSupreme Court of Connecticut · 1864
- Glenn v. SavageOregon Supreme Court · 1887
- Bowen v. ClarkeOregon Supreme Court · 1892
- Lee v. CharmleyNorth Dakota Supreme Court · 1910
- Morrison v. McAteeOregon Supreme Court · 1893
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3Cited by15 opinions
- Schumann v. McGinnSupreme Court of Minnesota · 1976
- Miami Quarry Co. v. Seaborg Packing Co.Oregon Supreme Court · 1922
- Davis v. HellwigSupreme Court of New Jersey · 1956
- Bartosh v. BanningCalifornia Court of Appeal · 1967
- Dyson v. SchmidtSupreme Court of Minnesota · 1961
10 more not listed; retrieve them via the Exa API.