Rugenstein v. Ottenheimer
Oregon Supreme Court
From Multnomali: Henky E. McGinn, Judge. Department 1. Statement by Mr. Justice Burnett. This is an action by Albertine H. Rugenstein against Henry J. Ottenbeimer to recover for a personal injury.
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From Multnomali: Henky E. McGinn, Judge. Department 1. Statement by Mr. Justice Burnett. This is an action by Albertine H. Rugenstein against Henry J. Ottenbeimer to recover for a personal injury. The substance of the plaintiff’s grievance against the defendant is that on a day mentioned she was crossing Washington Street in the City of Portland at a point where there was no intersecting street, and that while she was thus walking a chauffeur in the employ of the defendant ran the latter’s automobile against her, throwing her violently down upon the pavement, whereby she suffered injuries for…
1Opinion of the CourtJustice Burnett
1. The first error of which the defendant complains is predicated upon the court’s permitting the plaintiff to be recalled and asked if, in her testimony the day before, she attempted to be accurate in fixing the distances on the map, and if she was trying by her declaration to change her evidence about the various distances of which she had spoken; her answer being in the negative. The objection goes to the weight of the testimony of the witness rather than to its competency. It was within the discretion of the court to allow her to return and explain what she meant by her former statement.
*603Th…
2Cases cited24 opinions
- Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
- Stillwell & Bierce Manufacturing Co. v. PhelpsSupreme Court of the United States · 1889
- Strohm v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
- Smith v. Milwaukee Builders' & Traders' ExchangeWisconsin Supreme Court · 1895
- Galveston, Harrisburg & San Antonio Railway Co. v. PowersTexas Supreme Court · 1907
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3Cited by22 opinions
- Robison v. Oregon-Wash. R. & N. Co.Oregon Supreme Court · 1918
- State v. JenningsOregon Supreme Court · 1929
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- State Highway Commission v. ParkerOregon Supreme Court · 1960
- Skultety v. HumphreysOregon Supreme Court · 1967
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