Olston v. Oregon Water Power & Ry. Co.
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. This is an action by James H. Olston, administrator of the estate of William H. Olston, deceased, against the Oregon Water Power & Railway Company, for causing the death of plaintiff’s intestate. From a judgment rendered in favor of defendant upon a directed verdict, plaintiff appeals. Statement by Mr. Justice Eakin.
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From Multnomah: John B. Cleland, Judge. This is an action by James H. Olston, administrator of the estate of William H. Olston, deceased, against the Oregon Water Power & Railway Company, for causing the death of plaintiff’s intestate. From a judgment rendered in favor of defendant upon a directed verdict, plaintiff appeals. Statement by Mr. Justice Eakin. Plaintiff alleges in his complaint, that W. H. Olston, a passenger, was killed on November 4, 1905, by being crowded from an overloaded street car during a panic, occasioned by the explosion of the jack or fuse on the car, and plaintiff,…
1Opinion of the CourtJustice Eakin
1. The second reply to the answer, namely, that the administrator cannot settle an unliquidated claim for damages without an order of the county court, involves the effect of our statute upon the common-law powers of the administrator. It is settled by Weider v. Osborn, 20 Or. 307 (25 Pac. 715), that Section 1168, B. & C. Comp., prohibiting the sale of personal property by an administrator, except upon an order of the county court *348or judge thereof, applies only to tangible property and has no application to choses in action.
2. At common - law the executor and administrator has an absolute…
2Cases cited29 opinions
- People v. . PeckensNew York Court of Appeals · 1897
- George v. TateSupreme Court of the United States · 1881
- Hartshorn v. DaySupreme Court of the United States · 1857
- Lumley v. Wabash R.Court of Appeals for the Sixth Circuit · 1896
- Wagner v. National Life Ins. Co. of MontpelierCourt of Appeals for the Sixth Circuit · 1898
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3Cited by55 opinions
- Palladine v. Imperial Valley Farm Lands Assn.California Court of Appeal · 1924
- Stark v. Equitable Life Assurance Society of United StatesSupreme Court of Minnesota · 1939
- Rueda v. Union Pacific Railroad Co.Oregon Supreme Court · 1946
- St. Louis S. F. Ry. Co. v. RichardsSupreme Court of Oklahoma · 1909
- Schuler Et Ux. v. Humphrey Et Ux.Oregon Supreme Court · 1953
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