Hartman v. Oregon Elec. Ry. Co.
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Chief Justice Moore. This is an action by Mabel B. Hartman, the mother of 'William B. Hartman, deceased, against the Oregon Electric Railway Company, to recover damages resulting from his death, which is alleged to have been caused by the defendant’s negligence.
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From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Chief Justice Moore. This is an action by Mabel B. Hartman, the mother of 'William B. Hartman, deceased, against the Oregon Electric Railway Company, to recover damages resulting from his death, which is alleged to have been caused by the defendant’s negligence. The deceased, on March 19, 1913, the time when he was hurt, was 22 years old, and was employed as an electrician’s helper by the defendant, which was then engaged near Orville, Oregon, in cutting a tunnel into which were extended electric light wires to furnish…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
1. It is maintained by the defendant’s counsel that the proximate cause of the injury was Hartman’s own negligence, and this being so, errors were committed in denying a motion for a judgment of nonsuit, when the plaintiff had introduced her testimony and rested, and in refusing to instruct the jury to find for the defendant when the cause was submitted. When the motion for a nonsuit was denied, the court limited the plaintiff’s right of recovery to the sole issue as to whether or not it was necessary for the defendant to furnish the deceased with additional…
2Cases cited5 opinions
- Elliff v. Oregon R. & N. Co.Oregon Supreme Court · 1909
- Doyle v. Southern Pac. Co.Oregon Supreme Court · 1910
- Smith v. Southern Pacific Co.Oregon Supreme Court · 1911
- Gynther v. Brown & McCabeOregon Supreme Court · 1913
- Graves v. Portland Ry., Light & Power Co.Oregon Supreme Court · 1913
3Cited by6 opinions
- Davis v. Carlton Lumber Co.Oregon Supreme Court · 1915
- Wike v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1917
- Ingraham v. ByersSupreme Court of Oklahoma · 1915
- O'NEAL v. Meier & Frank Co.Oregon Supreme Court · 1961
- York v. Southern Pac. Co.Oregon Supreme Court · 1918
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