Craine v. Oliver Chilled Plow Works
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the District of Oregon; Robert S. Bean, Judge. Action at law by Harry Craine against the Pacific Steamship Company and the Oliver Chilled Plow Works to recover damages for personal injuries sustained by the plaintiff while in the employ of the defendant Steamship Company.
Read the full summary
In Error to the District Court of the United States for the District of Oregon; Robert S. Bean, Judge. Action at law by Harry Craine against the Pacific Steamship Company and the Oliver Chilled Plow Works to recover damages for personal injuries sustained by the plaintiff while in the employ of the defendant Steamship Company. From a judgment dismissing the action as against the Oliver Chilled Plow Works, after that defendant’s demurrer to the complaint was sustained, plaintiff brings error. The action is against the Pacific Steamship Company and Oliver Chilled Plow Works to recover damages…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). The defendant the Oliver Chilled Plow Works contends that there was no contractual relation or direct privity between the plaintiff and that defendant, imposing upon the latter the duty of warning the plaintiff of the concealed danger incident to the handling of the machine in the usual manner in storing it on board the ship. The absence of contractual relations between the plaintiff and the defendant the Oliver Chilled Plow Works and lack of privity between the parties are not denied, but the duty of that defendant to warn the plaintiff of the danger in…
2Cases cited9 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Insurance Co. v. BoonSupreme Court of the United States · 1877
- Huset v. J. I. Case Threshing Mach. Co.Court of Appeals for the Eighth Circuit · 1903
- Parrot v. Wells, Fargo & Co.Supreme Court of the United States · 1873
- Waters-Pierce Oil Co. v. DeselmsSupreme Court of the United States · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Dudley v. ScandrettCourt of Appeals for the Ninth Circuit · 1940