Plnder v. Wickstrom
Oregon Supreme Court
From Multnomah: John P. Kavanaugh; Judge. Department 1. Statement by Mr. Justice Benson. This is an action by Harvey Pinder against I. Gr. Wickstrom for damages arising out of personal injuries received by plaintiff upon a collision of the motorcycle ridden by him with an automobile driven by defendant.
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From Multnomah: John P. Kavanaugh; Judge. Department 1. Statement by Mr. Justice Benson. This is an action by Harvey Pinder against I. Gr. Wickstrom for damages arising out of personal injuries received by plaintiff upon a collision of the motorcycle ridden by him with an automobile driven by defendant. Plaintiff’s contention is that while he was riding in a careful manner, traveling south at a moderate speed, the defendant traveling north negligently kept his vehicle on the wrong side of the road, and failed to make any effort to pass him on the right or to yield him any of the road in…
1Opinion of the CourtJustice Benson
1. The first assignment of error complains that the court erred in admitting evidence of the amount which plaintiff is obligated to pay for the physician’s services in treating him for the alleged injuries, for the reason that the reasonableness of such charges is not pleaded. It is elementary that there must be evidence tending to prove that such items of special damages are reasonable, but our attention has not been called to any authorities, requiring it to be pleaded. On the contrary, a well-considered case cited by defendant says:
‘‘It was not necessary to allege that the amounts paid…
2Cases cited5 opinions
- State v. Von KleinOregon Supreme Court · 1914
- Hahn v. MackayOregon Supreme Court · 1912
- Wood v. LuscombWisconsin Supreme Court · 1868
- International & Great Northern Railway Co. v. BoykinCourt of Appeals of Texas · 1903
- Muehlbauer v. KloknerWisconsin Supreme Court · 1915
3Cited by12 opinions
- State v. HooverOregon Supreme Court · 1959
- Coblentz v. JaloffOregon Supreme Court · 1925
- Farrell v. CameronUtah Supreme Court · 1939
- Whitworth v. RileySupreme Court of Oklahoma · 1928
- Goebel v. VaughtOregon Supreme Court · 1928
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