Bottig v. Polsky
Oregon Supreme Court
From Multnomah: J. P. Kavanatjgh, Judge. In Banc. Joe Bottig, an employee of Fred Polsky, was injured while loading empty barrels in a boxcar. Bottig sued Polsky and recovered a verdict and judgment for $1,000. On motion of the defendant the trial court set aside the verdict and judgment, and granted a new trial. The plaintiff appealed.
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From Multnomah: J. P. Kavanatjgh, Judge. In Banc. Joe Bottig, an employee of Fred Polsky, was injured while loading empty barrels in a boxcar. Bottig sued Polsky and recovered a verdict and judgment for $1,000. On motion of the defendant the trial court set aside the verdict and judgment, and granted a new trial. The plaintiff appealed. Fred Polsky was a dealer in new and second-hand barrels and kegs and did business under the assumed business name of Panama Cooperage Company. His place of business was on Front Street in Portland. From time to time Polsky shipped barrels by railway. On March…
1Opinion of the CourtHarris, J.
1. After the adoption of the constitutional amendment known as Article "VII, Section 3, it was held that the granting of a new trial was not a matter of discretion and— ,
“that an order for the rehearing of a cause could not be sanctioned except when the court had committed some error, which if properly excepted to or seasonably called to the attention of the court and the motion denied, would have been sufficient cause for a reversal of the judgment if it had been brought up for review; and that under such circumstances the trial court upon motion or sua sponte possessed adequate power and…
2Cases cited10 opinions
- State v. EvansOregon Supreme Court · 1920
- Camenzind v. Freeland Furniture Co.Oregon Supreme Court · 1918
- Turnidge v. ThompsonOregon Supreme Court · 1918
- Archambeau v. EdmunsonOregon Supreme Court · 1918
- O'Neill v. Odd Fellows HomeOregon Supreme Court · 1918
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3Cited by33 opinions
- Timmins v. HaleOregon Supreme Court · 1927
- Beglau v. AlbertusOregon Supreme Court · 1975
- Hoffman v. Broadway HazelwoodOregon Supreme Court · 1932
- Freeman v. Wentworth & Irwin, Inc.Oregon Supreme Court · 1932
- Hise v. City of North BendOregon Supreme Court · 1931
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