Dalrymple v. Covey Motor Car Co.
Oregon Supreme Court
From Multnomah: Henry E. McGtnn, Judge. Department 2. Statement by Mr. Justice Bean. This is an action by John Alexander Dalrymple, by Katherine Dalrymple, bis guardian ad litem, against tbe Covey Motor Car Company to recover damages for personal injuries. Tbe cause was tried before a jury and a verdict rendered in favor of plaintiff, assessing his damages at $5,000. From a resulting judgment defendant appeals. The complaint was in the nsnal form in such cases.
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From Multnomah: Henry E. McGtnn, Judge. Department 2. Statement by Mr. Justice Bean. This is an action by John Alexander Dalrymple, by Katherine Dalrymple, bis guardian ad litem, against tbe Covey Motor Car Company to recover damages for personal injuries. Tbe cause was tried before a jury and a verdict rendered in favor of plaintiff, assessing his damages at $5,000. From a resulting judgment defendant appeals. The complaint was in the nsnal form in such cases. Defendant denied any negligence on its part and pleaded contributory negligence on the part of plaintiff, and further pleaded that at…
1Opinion of the CourtJustice Bean
The defendant contends upon this appeal that the plaintiff cannot recover for two reasons: (1) That Harrington was not acting for the Covey Motor Car Company at the time of the accident but was acting for Dunham, the owner of the car; (2) that Harrington was acting outside the scope of his employment in driving Dunham around to pick up stuff which Dun-ham had purchased the day before. The facts conceded and which appear reasonably clear from the record are as follows: That at the time of the negligent act Harrington was employed by the Covey Motor Car Company and, among other things,…
2Cases cited26 opinions
- Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
- Driscoll v. TowleMassachusetts Supreme Judicial Court · 1902
- Ritchie v. WallerSupreme Court of Connecticut · 1893
- Barmore v. Vicksburg, Shreveport & Pacific Railway Co.Mississippi Supreme Court · 1904
- Shepard v. JacobsMassachusetts Supreme Judicial Court · 1910
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3Cited by30 opinions
- Rankin v. Nash-Texas Co.Texas Supreme Court · 1937
- Janik v. Ford Motor Co.Michigan Supreme Court · 1914
- Gossett v. SimonsonOregon Supreme Court · 1966
- Tornroos v. R. H. White Co.Massachusetts Supreme Judicial Court · 1915
- Ramp v. OsborneOregon Supreme Court · 1925
25 more not listed; retrieve them via the Exa API.