Lawrence v. Portland Ry. L. & P. Co.
Oregon Supreme Court
From Multnomah: Edwin Y. Littlefield, Judge. Department 1. This is an aetion for damages for personal injuries received by the plaintiff in boarding a street-ear at the intersection of Killingsworth Avenue and Delaware Street, in Portland.- The complaint alleges, in substance, that the plaintiff took his station at a regular stopping place for receiving and discharging passengers, and as the train approached, it slowed down for the purpose of allowing plaintiff to board it;…
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From Multnomah: Edwin Y. Littlefield, Judge. Department 1. This is an aetion for damages for personal injuries received by the plaintiff in boarding a street-ear at the intersection of Killingsworth Avenue and Delaware Street, in Portland.- The complaint alleges, in substance, that the plaintiff took his station at a regular stopping place for receiving and discharging passengers, and as the train approached, it slowed down for the purpose of allowing plaintiff to board it; that when it reached the point where plaintiff was standing, it had slowed down to a speed of three or four miles an…
1Opinion of the CourtBenson, J.
The first assignment of error upon which plaintiff relies, is that the court gave the jury an instruction to the effect that there was no legal evidence in the case of a custom on the part of the defendant to slow down its cars at that crossing without coming to a full stop, for the purpose of receiving or discharging male passengers. Plaintiff introduced the testimony of several witnesses upon this subject, including that of the plaintiff and his father and mother. None of these witnesses testified that the alleged custom was invariably practiced. They all said that sometimes the car merely…
2Cases cited6 opinions
- Chicago, M. & St. P. Ry. Co. v. LindemanCourt of Appeals for the Eighth Circuit · 1906
- Wallace v. Suburban Railway Co.Oregon Supreme Court · 1894
- Schleiger v. Northern Terminal Co.Oregon Supreme Court · 1903
- Fritz v. Western Union Telegraph Co.Utah Supreme Court · 1903
- Moffitt v. Connecticut Co.Supreme Court of Connecticut · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Aulich v. CraigmyleCourt of Appeals of Kentucky (pre-1976) · 1933
- Gordon v. Curtis Bros.Oregon Supreme Court · 1926
- Fisher v. BurrellOregon Supreme Court · 1925
- Forrest v. TurlayOregon Supreme Court · 1928
- Van Der Hout v. JohnsonOregon Supreme Court · 1968
6 more not listed; retrieve them via the Exa API.