Legal Opinion

Emerson v. Lumbermen's Hospital Ass'n

Oregon Supreme Court

Decided May 24, 1921PublishedCited by 13 opinions

From Clatsop: James A. Eakin, Judge. Department 1. This is an action for damages on account of the death of plaintiff’s minor son, Alexander Emerson, alleged to be due to the negligence of the defendants in caring for him after he had been injured on a logging railroad in Columbia County, Oregon.

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From Clatsop: James A. Eakin, Judge. Department 1. This is an action for damages on account of the death of plaintiff’s minor son, Alexander Emerson, alleged to be due to the negligence of the defendants in caring for him after he had been injured on a logging railroad in Columbia County, Oregon. The complaint alleges the incorporation of the defendant, Lumbermen’s Hospital Association, with its principal offices at the City of Astoria; that it was engaged in operating hospitals for hire and profit; that defendant B. L. Sears has been practicing medicine and surgery at Neverstill, Columbia…

1Opinion of the CourtBean, J.

Several errors are assigned by plaintiff upon this appeal. The first for consideration is the disposition of the motion for a nonsuit. It appears from the testimony that Alexander Emerson was injured by the wheel of a logging train running over his leg and practically severing it from his body. The accident occurred about one hundred yards from a house where Mrs. H. E. Miles and her sister resided and about three quarters of a mile from Neverstill, between Sunnyside and Neverstill. Mrs. Miles was a witness for plaintiff and testified as to the circumstances of the accident. Soon after the…

2Cases cited4 opinions

  1. Langford v. JonesOregon Supreme Court · 1890
  2. Lehman v. KnottOregon Supreme Court · 1921
  3. Merriam v. HamiltonOregon Supreme Court · 1913
  4. Hills v. ShawOregon Supreme Court · 1913

3Cited by13 opinions

  1. Lippold v. KiddOregon Supreme Court · 1928
  2. Eckleberry v. Kaiser Foundation Northern HospitalsOregon Supreme Court · 1961
  3. Wemett v. MountOregon Supreme Court · 1930
  4. Rayburn v. DayOregon Supreme Court · 1928
  5. Malila v. MeachamOregon Supreme Court · 1949

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