Corvallis & Alsea River R. v. Portland E. & E. Ry. Co.
Oregon Supreme Court
From Multnomah.: Calvin U. G-antenbein, Judge. Action by the Corvallis & Alsea River Railroad Company against the Portland, Eugene & Eastern Railway Company. Judgment for the plaintiff, and defendant appeals. In Banc. Statement by Mr. Justice Bean. This is an action brought by the plaintiff against the defendant to recover damages for the breach of a contract.
Read the full summary
From Multnomah.: Calvin U. G-antenbein, Judge. Action by the Corvallis & Alsea River Railroad Company against the Portland, Eugene & Eastern Railway Company. Judgment for the plaintiff, and defendant appeals. In Banc. Statement by Mr. Justice Bean. This is an action brought by the plaintiff against the defendant to recover damages for the breach of a contract. The cause was tried to the court and jury and a verdict rendered in favor of plaintiff for $19,809, and $500 attorney’s fees. From a resulting judgment defendant appeals. Plaintiff alleges in effect that on April 17,1911, and for some…
1Opinion of the CourtJustice Bean
At appropriate times counsel for defendant raised the questions involved in this case in several different ways, to wit: By a demurrer to the sufficiency of the complaint; by an objection to the introduction of any evidence on account of the insufficiency of the complaint; *533by a motion for a nonsuit; by a motion for a directed verdict in favor of defendant; and also by exceptions to instructions given by tbe trial court to tbe jury.
Tbe basis of the contention of counsel for defendant that the plaintiff cannot recover in this action is plainly stated in their brief as follows:
“In order to…
2Cases cited37 opinions
- Washington Gas Light Co. v. District of ColumbiaSupreme Court of the United States · 1896
- Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
- Merriam v. United StatesSupreme Court of the United States · 1883
- Rochester Lantern Co. v. Stiles & Parker Press Co.New York Court of Appeals · 1892
- Consolidated Coal Co. v. PeersIllinois Supreme Court · 1896
32 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Central of Georgia Railway Co. v. Woolfolk Chemical Works, Ltd.Court of Appeals of Georgia · 1970
- Zuni Construction Co. v. Great American InsuranceNevada Supreme Court · 1970
- Estep v. BaileyOregon Supreme Court · 1919
- Imperial Refining Co. v. Kanotex Refining Co.Court of Appeals for the Eighth Circuit · 1928
- Chaney v. Shell Oil Co.Court of Appeals of Oregon · 1992
16 more not listed; retrieve them via the Exa API.