Sorsby v. Benninghoven
Oregon Supreme Court
From Multnomah: David E. Parker, Judgfe. In Banc. Statement by Mr. Justice Burnett. The plaintiff, W. C. Sorsby, sues to recover damages from Paul Benninghoven, for the death of his four-year old son, alleged to have been caused by the defendant running his automobile upon the child.
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From Multnomah: David E. Parker, Judgfe. In Banc. Statement by Mr. Justice Burnett. The plaintiff, W. C. Sorsby, sues to recover damages from Paul Benninghoven, for the death of his four-year old son, alleged to have been caused by the defendant running his automobile upon the child. The allegations of the complaint charging negligence upon the defendant are these: “That at all times mentioned herein the defendant was the owner of a certain automobile, and on the twentieth day of November, 1912, at about the hour of 5 o’clock p. m., was carelessly and negligently operating and driving said…
1Opinion of the CourtJustice Burnett
At the close of the plaintiff’s case the defendant moved for a judgment of nonsuit on the ground that the plaintiff had failed to prove a case sufficient to be submitted to the jury. The overruling of this motion is assigned as one of the errors committed by the trial court. A review of the testimony on behalf of the plaintiff therefore becomes necessary.
"Without dispute it appears that the defendant with-two friends was riding in this automobile on Hawthorne Avenue following a “no-stop” train of two street-cars running east on Hawthorne Avenue and thence south on Fiftieth Street. The…
2Cases cited9 opinions
- Kalich v. KnappOregon Supreme Court · 1914
- Wallace v. Suburban Railway Co.Oregon Supreme Court · 1894
- Perry v. Macon Consolidated Street RailroadSupreme Court of Georgia · 1897
- Winter v. Van BlarcomSupreme Court of Missouri · 1914
- Stahl v. SollenbergerSupreme Court of Pennsylvania · 1914
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Henkelmann v. Metropolitan Life InsuranceCourt of Appeals of Maryland · 1942
- Hamilton v. FinchOregon Supreme Court · 1941
- De Griselles v. GansNebraska Supreme Court · 1928
- Crutchley v. BruceSupreme Court of Iowa · 1932
- Greenslitt v. Three Bros. Baking Co.Oregon Supreme Court · 1943
4 more not listed; retrieve them via the Exa API.