Morrison v. McAtee

Citations

• 23 Or. 530
• 32 P. 400
• 1893 Ore. LEXIS 56

Syllabus

<p>1. Notice of Appeal — Code, ? 537. — When a ruling of a trial Courtis challenged as not stating the law applicable to the case, the notice of appea] need not specify the reason why the ruling is wrong — it is enough to point out with certainty what the ruling was.</p> <p>2. Instructions to Jury.— It is error to give to the jury inconsistent and contradictory instructions, for the reason that it is impossible to tell which rule the jury adopted, and the error is not cured by the fact that the law was correctly stated in one of such instructions.</p> <p>3. Idem — Requests to Charge.— The trial court may either give instructions in the form submitted by counsel, or may consider such requests as expressing the views of the respective parties, and use them in preparing a connected and harmonious charge to the jury; the latter practice is much preferable. Knahtla v. Oregon Short Line By. Co. 21 Or. 137, approved.</p> <p>4. Contract for Support — Damages for Breach.— The measure of damages against a decedent’s estate for a breach of contract, by which deceased agreed to furnish plaintiff with a life support in consideration of such services as he might he able to render, is a sum of money, which, together with reasonable interest and what plaintiff could reasonably contribute to his own support by his labor, would be sufficient to support him from the time of the breach during the remainder of his life, and not such a sum as would give him a reasonable and comfortable support during that time, without taking into account his probable earnings.</p> <p>5. Mortality Tables — Expectancy of Life. — Standard mortality tables showing the expectation of life at a given age, although competent to show the probable length of life of a given person, are not conclusive, and cannot alone be taken as a correct rule for estimating the length of such person’s life.</p>