Weygandt v. Bartle
Oregon Supreme Court
From Coos: George F. Skipworth, Judge. Department 2. The defendant appeals from a judgment for $750 damages, based upon a jury verdict.
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From Coos: George F. Skipworth, Judge. Department 2. The defendant appeals from a judgment for $750 damages, based upon a jury verdict. The gist of the complaint is that on December 30,1914, while the plaintiff was lawfully walking along Bail-road Avenue, a regularly traveled public highway used by pedestrians in the City of North Bend, Coos County, Oregon, the defendant carelessly ran his automobile on to him, injuring him; that the defendant at the time was operating his car at a very high and unlawful rate of speed so that he was unable to control and guide it properly and ran against…
1Opinion of the CourtBean, J.
1. The first error assigned is the refusal of the court to grant defendant’s motion for a nonsuit made at the close of plaintiff’s evidence. After the denial of the motion defendant introduced evidence in his own behalf. It is contended by defendant’s counsel that according to the case of Woods v. Wikstrom, 67 Or. 581, 590 (135 Pac. 192), the testimony on the part of defendant should not be considered in reviewing the ruling as to the nonsuit. In Trickey v. Clark, 50 Or. 516, 519 (93 Pac. 457), the rule was announced by Mr. Chief Justice Bean, following the *313holding in Bennett v. Northern Pac.…
2Cases cited32 opinions
- Hickory v. United StatesSupreme Court of the United States · 1894
- Bullard v. . PearsallNew York Court of Appeals · 1873
- Keyes v. City of Cedar FallsSupreme Court of Iowa · 1899
- Railway Co. v. SweetSupreme Court of Arkansas · 1895
- Woods v. WikstromOregon Supreme Court · 1913
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3Cited by23 opinions
- Waterway Terminals Co. v. P. S. Lord Mechanical ContractorsOregon Supreme Court · 1965
- Frangos v. EdmundsOregon Supreme Court · 1946
- State v. HarrisOregon Supreme Court · 1965
- Johnson v. UnderwoodOregon Supreme Court · 1922
- Cornely v. CampbellOregon Supreme Court · 1920
18 more not listed; retrieve them via the Exa API.