Olston v. Oregon Water Power & Ry. Co.
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. This is an action by James H. Olston, administrator of the estate of William H. Olston, deceased, against the Oregon Water Power & Railway Company, for causing the death of plaintiff’s intestate. From a judgment rendered in favor of defendant upon a directed verdict, plaintiff appeals. Statement by Mr. Justice Eakin.
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From Multnomah: John B. Cleland, Judge. This is an action by James H. Olston, administrator of the estate of William H. Olston, deceased, against the Oregon Water Power & Railway Company, for causing the death of plaintiff’s intestate. From a judgment rendered in favor of defendant upon a directed verdict, plaintiff appeals. Statement by Mr. Justice Eakin. Plaintiff alleges in his complaint, that W. H. Olston, a passenger, was killed on November 4, 1905, by being crowded from an overloaded street car during a panic, occasioned by the explosion of the jack or fuse on the car, and plaintiff,…
1Opinion
Decided October 6, 1908.
On Petition for Rehearing.
2Opinion of the CourtJustice Eakin
12. The motion for rehearing is based largely upon the idea that the opinion in effect holds, that equitable defenses may be pleaded at law; but such is not the intent of the opinion. Counsel for defendant have attributed that effect to it upon their conclusion that the fraud relied on is “equitable fraud,” probably meaning fraud over which equity has exclusive jurisdiction. The opinion is to the effect that, even if this is an instrument under seal, yet by operation of our statute, it is deprived of the solemnity formerly ascribed to it by…
3Cases cited10 opinions
- Withers v. GreeneSupreme Court of the United States · 1850
- Milliken v. ThorndikeMassachusetts Supreme Judicial Court · 1869
- Vandervelden v. Chicago & N. W. Ry. Co.District Court, N.D. Iowa · 1894
- Brown v. Freeman & BynumSupreme Court of Alabama · 1885
- Fire Ass'n v. AllesinaOregon Supreme Court · 1904
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