Daily capital journal. (Salem, Oregon) 1903-1919, 1916-01-18
NJ 'G|LCHR|ST LOSES
$4,000 DAMAGE SUIT
IN SUPREME COURT
Lower Court Is Affirmed In
Supreme Courts Decision
for Pc. & E.

The supreme court today affirmed
the decision of the circuit court of Ma
rion county in favor of the defendant
in the case of George McGilchrist VS..
the Portland, Eugene & Eastern Rail
way company, This was an action
brought in this county by George Nc
Gilcnrist, a minor, by William McGil-
christ, his guardian, to recover $4,000
damages alleged to have been sustain
ed in alighting from one of the street
ears of the company in this city.
In his complaint McGilchrist alleged
that when passenger on the street
car he signaled the conductor to stop
when opposite mis- fathers house and
the car slackened speed. He then went
to the rear platform and the condue-
tor opened the door but before he
could step from the bottom step to the
ground the ear increased its speed and
he was thrown to the ground, fractur-
ing his hip which resulted in a per-
manent injury.
In their answer the street car COM
pany contended that McGilchrist step
ped from the ear before it had slack
ened its speed and while it was prepar'
ing to stop and that the plaintiff was
injured through his own carlessness
and that ne jumped to the ground Of
his own volition and assumed the risk
of injury himself. The case was tried
before Judge Hamilton in Depart
ment No. ! of the circuit court and q
verdict in favor of the railroad com,
pany resulted. McGilchrist appealed
to the supreme court, John Bayne and
John A. Carson represented the plain
tiff and John +. Reilly and George G.
Bingham appeared for the defendant
company.
No transcript of evidence was
brought up from the circuit court and
the questions involved were purely
questions of law in the case. The opin-
ion was written by Chief Justice Moore
and Justices Bean, Benson and Harris
concurred.
The other cases handed down fol-
low:
City of Portland VS.. Western Elec-
trio company, appellant, appealed from
Multnomah county, motion to modify
decree as to costs overruled, opinion by
Justice Burnett.
Frank w. Decker ct al VS.. Clifford
L. Jordan, both parties appellant, suit
to foreclose an executory contract for
sale of land, appealed from Josephine
county, opinion by Justice Burnett,
Circuit Judge Calkins judgment af'
firmed
Il. Sink, appellant, VS.. j. NJ. Allen,
appealed from Sherman county, action
to recover on promissory note, opinion
by Justice Mcbride, Circuit Judge Par.
ker's Judgment for defendant Affirmed
City of Rainier VS.. Charles Masters
and U. S. Fidelity & Guaranty company
appellant, suit on bond, appealed
from Multnomah county, opinion by
Justice Burnett, Circuit Judge Nor
rows judgment for plaintiff reversed
John II. Gibson, appellant VS.. G. j.
Payne, appealed from Yamnill county
action for negligence, opinion by Jus
tice Bean. Former Circuit Judge
Holmes judgment for defendant af'
firmed
A. NJ. Cannon ct al, appellants, VS.
Hood River Irrigation District, suit to
restrain the collection of tax, ap
pealed from Hood River opinion by
Justice Bean, Circuit Judge Brad
shaw's judgment for defendant affirm
ed.
Smith Stephens, appellant VS.. Ore
gon Nut & Fruit company, appealed
from Yamhill county, suit to foreclosC
purchase money mortgage, opinion by
Justice Bean judgement of former Cir
cult Judge Holmes for defendent mod
flied.
George II. Brewster VS. G. Stringei
ct al, appellants, appealed from Crool
county, appeal dismissed, opinion by
Chief Justice Moore.
! Petitions for rehearing were denie,
in First aNtionOl Bank VS.. Seaward
Hall VS.. Catherine Creek Development
company; Richards VS.. School Dstric'
Of Portland; Miller VS.. Weaver; Thiel
Ike vs., Albee; Campbell Safety Ca
Burner company VS., Hammer,