Weiss v. Kohlhagen
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Statement by Mr. Justice Bean. This is an action by Max Weiss against George Kohlhagen to recover damages for alleged negligence in excavating along the side of a building occupied by plaintiff as a store. In June, 1908, the plaintiff, as lessor of A. C. Marsters, occupied a one-story brick building, built in 1904, 100 feet in length by 40 feet in width, situated on lot 2, block 38, in the city of Roseburg.
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From Douglas: James W. Hamilton, Judge. Statement by Mr. Justice Bean. This is an action by Max Weiss against George Kohlhagen to recover damages for alleged negligence in excavating along the side of a building occupied by plaintiff as a store. In June, 1908, the plaintiff, as lessor of A. C. Marsters, occupied a one-story brick building, built in 1904, 100 feet in length by 40 feet in width, situated on lot 2, block 38, in the city of Roseburg. Defendant, the owner of the adjacent lot 3, for the purpose of erecting a building, excavated a trench thereon to the depth of six or seven feet,…
1Opinion of the CourtJustice Bean
1. Plaintiff alleges that the trial court erred in denying the motion to strike out that portion of defendant’s answer asserting that plaintiff had notice, in sustaining defendant’s objection to certain questions, and in overruling plaintiff’s objection to certain questions, and in refusing to give instructions requested by plaintiff. Plaintiff filed a motion to strike out as irrelevant and immaterial *148that portion of defendant’s answer, alleging that plaintiff and the lessor of plaintiff had notice and knew of such excavation. This is clearly in answer to the allegation of plaintiff that…
2Cases cited14 opinions
- Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
- Graham v. Pennsylvania Co.Supreme Court of Pennsylvania · 1891
- First Nat. Bank v. Fire Ass'nOregon Supreme Court · 1898
- Nutt v. Southern Pacific Co.Oregon Supreme Court · 1894
- Aston v. NolanCalifornia Supreme Court · 1883
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- Michigan Mutual Home Insurance v. Pere Marquette Railway Co.Michigan Supreme Court · 1916
- Kelly v. WeaverOregon Supreme Court · 1915
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