Peterson v. Standard Oil Co.
Oregon Supreme Court
From Multnomah: Earl C. Bronaugh, Judge. Statement by Mr. Justice McBride. This is an action brought by Ernest Peterson, ás administrator of the estate of Victoria Beatrice Peterson, deceased, against the defendant company.
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From Multnomah: Earl C. Bronaugh, Judge. Statement by Mr. Justice McBride. This is an action brought by Ernest Peterson, ás administrator of the estate of Victoria Beatrice Peterson, deceased, against the defendant company. The complaint, so far as material to the matters at issue, alleges the following facts: “That one Fox, of Troutdale, County of Multnomah, State of Oregon, now is, and at all times hereinafter mentioned was, conducting a general merchandise business in the town, county, and State aforesaid, and that prior to the 19th day of March, 1906, the said Fox ordered from the…
1Opinion of the CourtJustice McBride
1. The first error assigned is the overruling of defendant’s general demurrer to the complaint. While the *516complaint is somewhat meager in details, we are of the opinion that it states a cause of action. It charges, in effect, that the merchant Fox ordered certain barrels of Water White kerosene that would stand an open-fire test of 120 degrees Fahrenheit, and that defendant negligently and carelessly delivered to him distillate that would only stand a test of 88 degrees Fahrenheit, such distillate being carelessly and negligently delivered to Fox in a drum labeled “Water White oil” and also…
2Cases cited14 opinions
- Brown v. PiperSupreme Court of the United States · 1875
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- Osborne v. McMastersSupreme Court of Minnesota · 1889
- The People v. . SnyderNew York Court of Appeals · 1869
- Siemers v. EisenCalifornia Supreme Court · 1880
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3Cited by42 opinions
- Watts v. GerkingOregon Supreme Court · 1924
- Shahtout v. Emco Garbage Co.Oregon Supreme Court · 1985
- Standard Oil Co. v. ReaganCourt of Appeals of Georgia · 1915
- Fairbanks, Morse & Co. v. GambillTennessee Supreme Court · 1919
- Gattman v. FavroOregon Supreme Court · 1988
37 more not listed; retrieve them via the Exa API.