67 P. 928 | Or. | 1902
after stating the facts as above, delivered the opinion of the court.
In support of its motion for nonsuit, the defendant contends that the proof is insufficient in two aspects to submit the case to the jury: (1) It does not show that the horse was injured by electricity; and (2) it does not show any negligence attributable to the defendant company contributing to the injury. The latest declaration of this court touching the quantum of evidence sufficient to carry a case to the jury is found in Perkins v. McCullough, 36 Or. 146 (59 Pac.182), wherein Mr. Jus
9. Some instructions were asked and refused, of which defendant complains. One of them was intended to present the same question as the motion to direct a verdict, and hence needs no further notice. Another reads as follows: ‘ ‘ That the defendant was entitled to a reasonable time after the fall of the wire in which to repair it, or to remove it out of the way of persons using the street; and if you find that the injury to the plaintiff occurred before the expiration of such reasonable time, then the plaintiff is not entitled to recover anything in this action.” The instruction is plainly applicable only to cases where the wire had fallen without the negligence of defendant, or was caused by an act of God, or some force that could not have been provided against by reasonable foresight or precaution, and without such modification would have been misleading. It was therefore properly refused. Other instructions requested were clearly covered by the general charge.
There being no error in the record, the judgment of the court below will be affirmed, and it is so ordered. Affirmed.