Carroll v. Grande Ronde Electric Co.
Oregon Supreme Court
From Union: William Smith, Judge. Statement by Mr. Chief Justice Bean. This is an action by Eliza Carroll, administratrix, against tbe Grande Bonde Electric Co. On August 28, 1905, Leonard Carroll was killed by an electric wire belonging to defendant company. The administratrix of his estate brought an action to recover damages on account of his death, alleging that it was caused by the negligence of defendant.
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From Union: William Smith, Judge. Statement by Mr. Chief Justice Bean. This is an action by Eliza Carroll, administratrix, against tbe Grande Bonde Electric Co. On August 28, 1905, Leonard Carroll was killed by an electric wire belonging to defendant company. The administratrix of his estate brought an action to recover damages on account of his death, alleging that it was caused by the negligence of defendant. The defendant answered, denying the allegations of the complaint, and, for a further and separate defense, setting up contributory negligence on the part of deceased. The .trial was…
1Opinion of the Court
Opinion by
Mr. Chiee Justice Bean.
The statute, after providing that a judgment of nonsuit may be given against the plaintiff on motion of the defendant, when upon the trial the plaintiff fails to prove a cause sufficient to be submitted to the jury (Section 182, B. & C. Comp.), declares that, when such judgment is given, the action is dismissed, but it shall not have the effect to bar another action for the same cause: Section 184, B. & C. Comp. The statute would seem to leave no room for argument as to the effect of an involuntary judgment of nonsuit. But the defendant contends that because,…
2Cases cited7 opinions
- Gardner v. Michigan Central RailroadSupreme Court of the United States · 1893
- Manhattan Life Insurance v. BroughtonSupreme Court of the United States · 1883
- United States v. ParkerSupreme Court of the United States · 1887
- Kingsley v. BlanchardNew York Supreme Court · 1860
- Gummer v. Trustees of OmroWisconsin Supreme Court · 1880
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3Cited by13 opinions
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- Conn v. Oregon Electric Ry. Co.Oregon Supreme Court · 1930
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