Lawton v. Morgan, Fliedner & Boyce
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice Moore. This is an action by John Lawton against Morgan, Fliedner & Boyce, a corporation, Thomas Davidson, W. A. Leith, and B. J. Hecker to recover damages for a personal injury alleged to have been caused by the defendants ’ negligence. The summons herein was not served upon Davidson, Leith, or Hecker, and as to them the action was dismissed.
Read the full summary
From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice Moore. This is an action by John Lawton against Morgan, Fliedner & Boyce, a corporation, Thomas Davidson, W. A. Leith, and B. J. Hecker to recover damages for a personal injury alleged to have been caused by the defendants ’ negligence. The summons herein was not served upon Davidson, Leith, or Hecker, and as to them the action was dismissed. The corporation answering denied the material averments of the complaint and set up affirmative defenses as follows: (1) That the injury complained of was caused by an independent…
1Opinion of the CourtJustice Moore
It is conceded that by the principles of the common law an action of this kind could not have been'maintained against Morgan, Fleidner & Boyce. The question therefore to be considered is whether or not the enactment, referred to (Chapter 3, Laws Or. 1911) permits a recovery under the facts stipulated. The act, as far as deemed necessary herein, reads as follows:
“All owners, contractors, subcontractors, corporations or persons whatsoever, engaged in the construction * * of any buildings * * or operation of any machinery * * shall see that all machinery other than that operated by hand power…
2Cases cited2 opinions
- Koch v. FoxAppellate Division of the Supreme Court of the State of New York · 1902
- Gibbons v. Chapin & GoreAppellate Court of Illinois · 1909
3Cited by24 opinions
- Malloy v. Marshall-Wells Hardware Co.Oregon Supreme Court · 1918
- Hoag v. Washington-Oregon Corp.Oregon Supreme Court · 1914
- Beasley v. BondSupreme Court of Oklahoma · 1935
- Warner v. SynnesOregon Supreme Court · 1924
- Trecartin v. Mahony-Troast Construction Co.New Jersey Superior Court Appellate Division · 1952
19 more not listed; retrieve them via the Exa API.