Delovage v. Old Oregon Creamery Co.
Oregon Supreme Court
From Multnomah: Robert G. Morrow, Judge. Department 2. Statement by Mr. Justice Burnett. This is an action by Samuel Delovage against the Old Oregon Creamery Company, a corporation, to recover damages for personal injuries said to have been sustained by the plaintiff in a collision with the defendant’s wagon.
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From Multnomah: Robert G. Morrow, Judge. Department 2. Statement by Mr. Justice Burnett. This is an action by Samuel Delovage against the Old Oregon Creamery Company, a corporation, to recover damages for personal injuries said to have been sustained by the plaintiff in a collision with the defendant’s wagon. The complaint states, in substance, that the plaintiff was walking along Washington Street in Portland, and when he came to the intersecting West Park Street, he looked around before starting across the latter highway. Having proceeded a short distance, he noticed a large truck coming…
1Opinion of the Court · BurnettJustice Burnett
1. The order setting aside the judgment and ordering a new trial is appealable: Section 548, L. O. L. The standard by which the correctness of the trial court’s action in such cases is to be judged is thus laid down by Mr. Justice Moore in L. C. Smith & Bros. Typewriter Co. v. McGeorge, 72 Or. 523 (143 Pac. 905):
“Under the provisions of this statute, the right of a Circuit Court to set aside a judgment and grant a new trial can be exercised only when in the trial of a cause an error has been committed which is so prejudicial to the defeated party that the judgment rendered against him would,…
Also in this document: Opinion of the Court · Harris.
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