Maynard v. Oregon Railroad
Oregon Supreme Court
From Union: Robert Eakin, Judge. This is an action by H. Maynard against the Oregon Railroad & Navigation Co. to recover damages for a personal injury which plaintiff alleges he sustained October 3, 1902, by reason of the railway train on which he was being carried colliding with another in front, due to the carelessness and negligence of the defendant.
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From Union: Robert Eakin, Judge. This is an action by H. Maynard against the Oregon Railroad & Navigation Co. to recover damages for a personal injury which plaintiff alleges he sustained October 3, 1902, by reason of the railway train on which he was being carried colliding with another in front, due to the carelessness and negligence of the defendant. Inter alia, it is alleged in the complaint that plaintiff “ was violently thrown down in the car in which he was at said time a passenger, and was greatly injured, being bruised on his leg, and his back being wrenched and sprained, whereby a…
1Opinion of the CourtJustice Wolverton
*651. The errors relied upon for a reversal are based upon the admission of testimony, instructions given to the jury, and others asked on the part of the defendant and refused. Defendant’s counsel first complain that plaintiff was permitted to show that he was “skinned on the knee and bruised on the right hip,” that sharp pains extended into his neck, and that “his legs would draw and cramp”; and they insist that the complaint contains no allegations of any injuries such as these. They say (quoting from their brief): “It is not claimed in the complaint that plaintiff’s knee was skinned or…
2Cases cited9 opinions
- Guetig v. StateIndiana Supreme Court · 1879
- State v. AndersonOregon Supreme Court · 1882
- Quinn v. HigginsWisconsin Supreme Court · 1885
- Fuller v. Mayor of JacksonMichigan Supreme Court · 1892
- Shadock v. Alpine Plank-road Co.Michigan Supreme Court · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bertha Kaufman v. Western Union Telegraph CompanyCourt of Appeals for the Fifth Circuit · 1955
- Adcock v. Oregon RailroadOregon Supreme Court · 1904
- Crosby v. Portland Ry. Co.Oregon Supreme Court · 1909
- Belt v. St. Louis-San Francisco Ry. Co.Court of Appeals for the Tenth Circuit · 1952
- Cosgrove v. TraceyOregon Supreme Court · 1937
4 more not listed; retrieve them via the Exa API.