Oregon Supreme Court January 7, 1908 (Jackson v. Sumpter Valley R'y Co.)

Opinion by

Mr. Commissioner Slater.

1. The first and principal error relied upon to reverse the judgment is the denial by the court of defendant’s motion for . a nonsuit to the second cause of action. In this State contributory negligence is a matter of defense, and the burden of establishing it is on the defendant:- Johnston v. O. S. L. Ry. Co. 23 Or. 94 (31 Pac. 283); Grant v. Baker, 12 Or.