Roundtree v. Mount Hood R. R.
Oregon Supreme Court
From Hood Biver: "William L. Bradshaw, Judge. Action by W. H. Boundtree and others against tbe Mount Hood Bailroad Company, a corporation, and Charles T. Early. From a verdict and judgment in favor of plaintiffs, defendants appealed. Department 1. Statement by Mr. Justice Harris. The Mount Hood Bailroad Company operates a railway line between Hood Biver and Parkdale. The plaintiffs own an orchard and some timber land near Holstein, a station on the railway line.
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From Hood Biver: "William L. Bradshaw, Judge. Action by W. H. Boundtree and others against tbe Mount Hood Bailroad Company, a corporation, and Charles T. Early. From a verdict and judgment in favor of plaintiffs, defendants appealed. Department 1. Statement by Mr. Justice Harris. The Mount Hood Bailroad Company operates a railway line between Hood Biver and Parkdale. The plaintiffs own an orchard and some timber land near Holstein, a station on the railway line. On September 4, 1915, a train consisting of an engine, nine freight-cars, a fish-car and a combination baggage and passenger coach,…
1Opinion of the CourtJustice Harris
court.
1, 2. Evidence was offered by both the plaintiffs and the defendant after the court denied the motion of the defendant for a nonsuit; and, hence, the question for decision is whether on the whole record as made by all the evidence of all the parties there was sufficient evidence to carry the case to the jury. Even though it be assumed that the court erred in denying the motion for a nonsuit, the error was cured if sufficient evidence was afterwards offered; and if when both parties rested there was enough evidence to take the case to the jury it was the duty of the court to deny the…
2Cases cited19 opinions
- New York, Chicago & St. Louis Railway Co. v. RoperIndiana Supreme Court · 1911
- Union Pac. R'y Co. v. De BuskSupreme Court of Colorado · 1888
- Anderson v. Oregon RailroadOregon Supreme Court · 1904
- Kansas City, Fort Scott & Memphis Railroad v. B. F. Blaker & Co.Supreme Court of Kansas · 1904
- Koontz v. O. R. & N. Co.Oregon Supreme Court · 1890
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3Cited by10 opinions
- Sullivan v. Mountain States Power Co.Oregon Supreme Court · 1932
- Arneil v. SchnitzerOregon Supreme Court · 1943
- Weygandt v. BartleOregon Supreme Court · 1918
- Dibble v. San Joaquin Light & Power Corp.California Court of Appeal · 1920
- Kurn v. FondrenMississippi Supreme Court · 1940
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