Herrlin v. Brown & McCabe
Oregon Supreme Court
From Multnomah.: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice Bean. This is an action by Olof Herrlin against Brown & McCabe, a corporation, for negligence, and was tried by the court and jury, and a verdict for $15,000 returned. From a judgment thereon the defendant appeals. The substance of the complaint is as follows: On September 21, 1912, the defendant, was engaged in loading the steamer “Harley” with a cargo of wheat at Portland, Oregon.
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From Multnomah.: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice Bean. This is an action by Olof Herrlin against Brown & McCabe, a corporation, for negligence, and was tried by the court and jury, and a verdict for $15,000 returned. From a judgment thereon the defendant appeals. The substance of the complaint is as follows: On September 21, 1912, the defendant, was engaged in loading the steamer “Harley” with a cargo of wheat at Portland, Oregon. The vessel is divided into four compartments or hatches, numbered from the prow, 1, 2, 3 and 4, used for the reception and stowing of…
1Opinion of the Court
Mr: Justice Bean
delivered the opinion of the court.
The only question for consideration upon this appeal is the matter relating to the submission of and the answer to the special question of fact. Section 154, L. O. L., provides as follows:
‘ ‘ In every action for the recovery of money only, or specific real property, the jury, in their discretion, may render a general or special verdict. In all other cases, the court may direct the jury to find a special verdict *475upon all or any of the issues; and in all cases may instruct them, if they render a general verdict, to find upon particular…
2Cases cited13 opinions
- Knahtla v. Oregon Short Line, etc., Ry. Co.Oregon Supreme Court · 1891
- Swift v. MulkeyOregon Supreme Court · 1886
- Rolfes v. RusselOregon Supreme Court · 1875
- Loewenberg v. RosenthalOregon Supreme Court · 1889
- Wild v. Oregon Short Line, etc., Ry. Co.Oregon Supreme Court · 1891
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Archambeau v. EdmunsonOregon Supreme Court · 1918
- Horn v. Elgin Warehouse Co.Oregon Supreme Court · 1920
- Hammagren v. Wald Construction, Inc.Oregon Supreme Court · 1976