Stewart v. Portland Ry. L. & P. Co.
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. Statement by Mr. Justice McBride. This is an action by Robert T. Stewart against the Portland Railway, Light & Power Co., a corporation, to recover damages for an injury inflicted by a street car on defendant’s railway colliding with an express wagon owned and driven by plaintiff, whereby the wagon was broken, one of plaintiff’s horses killed, and plaintiff wounded and bruised.
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From Multnomah: William N. Gatens, Judge. Statement by Mr. Justice McBride. This is an action by Robert T. Stewart against the Portland Railway, Light & Power Co., a corporation, to recover damages for an injury inflicted by a street car on defendant’s railway colliding with an express wagon owned and driven by plaintiff, whereby the wagon was broken, one of plaintiff’s horses killed, and plaintiff wounded and bruised. The evidence introduced by plaintiff tended to show that he was driving north on East Twelfth Street in the city of Portland, and that when at or about the intersection of East…
1Opinion of the CourtJustice McBride
1. The first error assigned is the refusal of the court to direct a nonsuit at the close of plaintiff’s evidence. It is claimed that the negligence of plaintiff in attempting to drive across the track in front of the car was so clearly demonstrated by his own testimony as to preclude a recovery. His testimony, which is corroborated, tends to show that two persons were near the track in the position usually taken by persons desiring to board a car, and one of them testifies that he was there with the intention of boarding this very car. The refusal to grant the nonsuit was not error. It was…
2Cases cited4 opinions
- Peterson v. Standard Oil Co.Oregon Supreme Court · 1910
- Beck v. Vancouver Railway Co.Oregon Supreme Court · 1893
- Hurst v. BurnsideOregon Supreme Court · 1885
- Root v. Des Moines Railway Co.Supreme Court of Iowa · 1904
3Cited by22 opinions
- Baker v. ShafterTexas Commission of Appeals · 1921
- Emmons v. Southern Pac. Co.Oregon Supreme Court · 1920
- Brown v. Savannah Electric & Power Co.Court of Appeals of Georgia · 1932
- Marshall v. OlsonOregon Supreme Court · 1922
- Nicol v. Oregon-Washington Railroad & Navigation Co.Washington Supreme Court · 1912
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