Graves v. Portland Ry., Light & Power Co.
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice McNary. This is an action by B. Graves against the Portland Railway, Light & Power Company to recover damages for injuries sustained by him through the negligence of defendant.
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From Multnomah: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice McNary. This is an action by B. Graves against the Portland Railway, Light & Power Company to recover damages for injuries sustained by him through the negligence of defendant. Following the statement in the complaint that defendant operates a street railway line in the City of Portland, Oregon, plaintiff alleges that on and prior to the 19th day of August, 1911, the operation of street railway cars in the city without giving a signal and stopping before crossing the track of other lines was prohibited by ordinance…
1Opinion of the CourtJustice McNary
1-3. The first assignment of error is based upon the refusal of the court to allow defendant’s motion for a nonsuit, and in denying, at the conclusion of the testimony, defendant’s request for an instructed verdict. The two motions will be considered together. It is claimed the motions should have been allowed for the reasons: (1) The failure of plaintiff to show any negligence on the part of defendant as being the proximate cause of the accident; (2) that the testimony showed plaintiff had been guilty of contributory negligence as a matter of law.
Accurately to determine the right or the…
2Cases cited5 opinions
- Elliff v. Oregon R. & N. Co.Oregon Supreme Court · 1909
- O'Connor v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Dipaolo v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Davies v. People's Railway Co.Missouri Court of Appeals · 1896
- McGrath v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1905
3Cited by13 opinions
- State v. SteeleNew Jersey Superior Court Appellate Division · 1966
- State v. GambuttiNew Jersey Superior Court Appellate Division · 1955
- Dinan v. Chicago & Milwaukee Electric Railway Co.Wisconsin Supreme Court · 1916
- Driscoll v. California Street Cable RailroadCalifornia Court of Appeal · 1926
- Isgro v. Plankinton Packing Co.Wisconsin Supreme Court · 1922
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