Gynther v. Brown & McCabe
Oregon Supreme Court
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
- Galvin v. Brown & McCabeOregon Supreme Court · 1909
- Elliff v. Oregon R. & N. Co.Oregon Supreme Court · 1909
- Lavery v. ArnoldOregon Supreme Court · 1899
- Wyatt v. WyattOregon Supreme Court · 1897
- Manning v. Portland Ship Building Co.Oregon Supreme Court · 1908
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Little v. Union Oil Co.California Court of Appeal · 1925
- Rader v. Gibbons and Reed CompanyOregon Supreme Court · 1972
- Cosgrove v. TraceyOregon Supreme Court · 1937
- Snabel v. BarberOregon Supreme Court · 1931
- EHLER ET UX v. Portland Gas & Coke Co.Oregon Supreme Court · 1960
9 more not listed; retrieve them via the Exa API.