Watts v. Spokane, P. & S. Ry. Co.
Oregon Supreme Court
From Columbia: James A. Eakin, Judge. Department 2. Tbis is a personal injury case. Th.3 defendants appeal from a judgment rendered upon a verdict.
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From Columbia: James A. Eakin, Judge. Department 2. Tbis is a personal injury case. Th.3 defendants appeal from a judgment rendered upon a verdict. Tbe gist of the complaint as to the negligence is as follows: After the averments of the corporate and business character of the defendant company and that C. E. Chamberlain was conductor and E. 0. Burgess brakeman bn the train of the railroad company, the pleading states that on April 9, 1915, plaintiff, John W. Patrick, a man 74 years of age, purchased a ticket and was a passenger on defendant company’s train from Eainier, Oregon, to Goble,…
1Opinion of the CourtBean, J.
When plaintiff had introduced his evidence and rested his case counsel for defendants moved the court for a judgment of nonsuit. This *196motion was denied and the refusal is assigned as error. At the close of all the testimony defendants’ counsel requested a directed verdict in favor of defendants which was disallowed and such ruling is also assigned as error. These assignments raise the same question.
1. It is a well-established rule in this state that in the consideration of a motion for a nonsuit all the testimony on the part of plaintiff is to be regarded as true, together with every…
2Cases cited37 opinions
- State v. McDanielOregon Supreme Court · 1901
- State v. AndersonOregon Supreme Court · 1882
- State v. BlodgettOregon Supreme Court · 1907
- State v. AbramsOregon Supreme Court · 1883
- Smitson v. Southern Pacific Co.Oregon Supreme Court · 1900
32 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. DennisOregon Supreme Court · 1945
- Farrin v. State Industrial Accident CommissionOregon Supreme Court · 1922
- Cooper v. North Coast Power Co.Oregon Supreme Court · 1926
- Gohn v. Butte Hotel Co.Montana Supreme Court · 1931
- Saylor v. Enterprise Electric Co.Oregon Supreme Court · 1924
9 more not listed; retrieve them via the Exa API.