Legal Opinion

Gynther v. Brown & McCabe

Oregon Supreme Court

Decided September 16, 1913PublishedCited by 14 opinions

From Multnomah: Calvin IJ. Gantenbein, Judge. Department 2. Statement by Mr. Justice McNaby. This is an action by William Gynther against Brown & McCabe, a corporation, to recover damages for personal injuries sustained by plaintiff as a result of negligence alleged to have been occasioned by defendant’s servants.

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From Multnomah: Calvin IJ. Gantenbein, Judge. Department 2. Statement by Mr. Justice McNaby. This is an action by William Gynther against Brown & McCabe, a corporation, to recover damages for personal injuries sustained by plaintiff as a result of negligence alleged to have been occasioned by defendant’s servants. Plaintiff declares that at the time of the accident- defendant, a corporation, was engaged as a stevedore in loading and storing away lumber in the ship “Marechal De Castris,” which was berthed at a dock in the Willamette River at Linnton, Oregon; that plaintiff was employed by…

1Opinion of the CourtJustice McNary

From testimony uncontradicted it appears: The defendant had stationed on the deck of the vessel, at a point near the hatch through which the timber was being lowered, a hatch-tender, whose office was to receive signals by word of mouth from the man in the hold and communicate these operating directions to the engineer of the donkey-engine, by means of a whistle signal. That at a time approximately synchronous with the mishap and while the timber was resting in the hold of the ship, a fellow-servant of plaintiff’s in the hold signaled the hatch-tender to come back, who in turn blew two…

2Cases cited11 opinions

  1. Galvin v. Brown & McCabeOregon Supreme Court · 1909
  2. Elliff v. Oregon R. & N. Co.Oregon Supreme Court · 1909
  3. Lavery v. ArnoldOregon Supreme Court · 1899
  4. Wyatt v. WyattOregon Supreme Court · 1897
  5. Manning v. Portland Ship Building Co.Oregon Supreme Court · 1908

6 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Little v. Union Oil Co.California Court of Appeal · 1925
  2. Rader v. Gibbons and Reed CompanyOregon Supreme Court · 1972
  3. Cosgrove v. TraceyOregon Supreme Court · 1937
  4. Snabel v. BarberOregon Supreme Court · 1931
  5. EHLER ET UX v. Portland Gas & Coke Co.Oregon Supreme Court · 1960

9 more not listed; retrieve them via the Exa API.

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