Putnam v. Pacific Monthly Co.
Oregon Supreme Court
From Multnomah: "William N. Gatens, Judge. Statement by Mr. Justice Burnett. This is an action by Myrtle Putnam, administratrix of the estate of Mabel Putnam, deceased, against the Pacific Monthly Company, to recover damages for causing the death of plaintiff’s intestate.
Read the full summary
From Multnomah: "William N. Gatens, Judge. Statement by Mr. Justice Burnett. This is an action by Myrtle Putnam, administratrix of the estate of Mabel Putnam, deceased, against the Pacific Monthly Company, to recover damages for causing the death of plaintiff’s intestate. For the purpose of its enterprise the defendant occupied the fourth floor of a building in the City of Portland, and had the exclusive control and management. of an elevator used by the general public and its employees in going to and from its place of business. Among other things, the complaint alleges: ‘ ‘ That on…
1Opinion of the CourtJustice Burnett
The plaintiff’s theory, adopted by the court in the trial of the cause, is that, as a matter of law, the defendant in.running and operating the elevator as stated in the complaint was a common carrier of passengers and bound to exercise, as such, a high degree of care to those using the elevator. The contention of the defendant is that the operation of an elevator is not a matter of common carriage; and that, if it were, the relation of passenger and carrier did not exist between decedent and defendant at the time of the accident, but, on the contrary, that she was an employee to whom its…
2Cases cited54 opinions
- Cosselmon v. . DunfeeNew York Court of Appeals · 1902
- Doyle v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1894
- Knahtla v. Oregon Short Line, etc., Ry. Co.Oregon Supreme Court · 1891
- Vindicator Consolidated Gold Mining Co. v. FirstbrookSupreme Court of Colorado · 1906
- Faber v. C. Reiss Coal Co.Wisconsin Supreme Court · 1905
49 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Novack v. Montgomery Ward & Co.Supreme Court of Minnesota · 1924
- Arnold v. California Portland Cement Co.California Court of Appeal · 1919
- Brady v. Oregon Lumber Co.Oregon Supreme Court · 1925
- Ryan v. TrenkleSupreme Court of Iowa · 1924
- Wilson v. St. Joe Boom Co.Idaho Supreme Court · 1921
37 more not listed; retrieve them via the Exa API.