Elling v. Blake-McFall Co.
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. This is an action by Franz H. Elling against BlakeMcFall Company, a corporation, for damages sustained by plaintiff by reason of an automobile collision. From the verdict of a jury'in favor of plaintiff, defendant appealed. Affirmed. Department 2. Statement by Mr. Justice Bean.
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From Multnomah: Calvin U. Gantenbein, Judge. This is an action by Franz H. Elling against BlakeMcFall Company, a corporation, for damages sustained by plaintiff by reason of an automobile collision. From the verdict of a jury'in favor of plaintiff, defendant appealed. Affirmed. Department 2. Statement by Mr. Justice Bean. The plaintiff brings this action against the defendant company for the loss of consortium of his wife, and for personal injuries sustained by himself on account of the negligence of the defendant. It is alleged in substance that at all the times mentioned in the complaint,…
1Opinion of the CourtJustice Bean
1, 2. It is submitted on behalf of defendant that the plaintiff husband cannot recover for the loss of consortium of his wife due to the negligence of the defendant. In its charge to the jury the trial court limited such loss, if any, to the time intervening between the injury and the death of the wife. Marri v. Stamford St. R. Co., 84 Conn. 9 (78 Atl. 582, Ann. Cas. 1912B, 20, 33 L. R. A. (N. S.) 1042), is among the authorities supporting defendant’s position. The rule enunciated there is not in harmony with the great weight of authority.
The legislation of modem times has greatly affected…
2Cases cited35 opinions
- Georgia Railroad & Banking Co. v. TiceSupreme Court of Georgia · 1905
- Marri v. Stamford Street Railroad Co.Supreme Court of Connecticut · 1911
- Birmingham Southern Railway Co. v. LintnerSupreme Court of Alabama · 1904
- Mewhirter v. HattenSupreme Court of Iowa · 1875
- Atchison, Topeka & Santa Fé Railroad v. McGinnisSupreme Court of Kansas · 1891
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3Cited by13 opinions
- Ley v. BishoppCalifornia Court of Appeal · 1928
- Sheard v. Oregon Electric Railway Co.Oregon Supreme Court · 1931
- Clem v. BrownPaulding County Court of Common Pleas · 1965
- Norwest v. Presbyterian Intercommunity HospitalCourt of Appeals of Oregon · 1981
- Naber v. ThompsonOregon Supreme Court · 1976
8 more not listed; retrieve them via the Exa API.