Taffe v. Oregon R. & N. Co.
Oregon Supreme Court
From Wasco: William L. Bradshaw, Judge. Statement by Mr. Justice McBride. This is an action by I. H. Taffe against the Oregon Railroad & Navigation Company, to recover damages on account of the alleged destruction of plaintiff’s cannery and cold storage warehouse by fire, occasioned by sparks emitted from defendant’s locomotive.
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From Wasco: William L. Bradshaw, Judge. Statement by Mr. Justice McBride. This is an action by I. H. Taffe against the Oregon Railroad & Navigation Company, to recover damages on account of the alleged destruction of plaintiff’s cannery and cold storage warehouse by fire, occasioned by sparks emitted from defendant’s locomotive. At the close of plaintiff’s testimony, defendant moved for a nonsuit on the ground that no evidence had been' submitted sufficient to justify a verdict for plaintiff, which motion .was overruled. After the conclusion of the testimony, defendant moved for a directed…
1Opinion of the CourtJustice McBride
It is difficult to discuss the matters included in the' refusal of the court to grant a nonsuit or the motion for a directed verdict without discussing and comparing the testimony generally, and this course would involve incum*179bering the reports with a long detail of facts which would be entirely useless hereafter to the courts, the public, or the persons concerned. We will therefore state briefly the conclusions we have drawn from the testimony and apply the law to these findings.
The fire was discovered near the southeast corner of the cannery, between the hours of half past one and two…
2Cases cited3 opinions
- Koontz v. O. R. & N. Co.Oregon Supreme Court · 1890
- Hawley v. Sumpter Railway Co.Oregon Supreme Court · 1907
- Chenoweth v. Southern Pac. Co.Oregon Supreme Court · 1909
3Cited by10 opinions
- Rickard v. EllisOregon Supreme Court · 1962
- Clayton v. Enterprise Electric Co.Oregon Supreme Court · 1916
- Hartford Ins. v. Central R. R.Oregon Supreme Court · 1914
- Fodey v. Northern Pacific Railway Co.Idaho Supreme Court · 1912
- Roundtree v. Mount Hood R. R.Oregon Supreme Court · 1917
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