Blake-McFall Co. v. Portland
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice Bean. This is an action by the Blake-McFall Company, a corporation, against the City of Portland, a municipal corporation, to recover damages for injury to plaintiff’s goods by reason of the negligence of defendant in the construction and maintenance of a water-main, which burst at the intersection of Fourth and Ankeny Streets, adjacent to the premises occupied by the plaintiff, whereby water escaped in…
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From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice Bean. This is an action by the Blake-McFall Company, a corporation, against the City of Portland, a municipal corporation, to recover damages for injury to plaintiff’s goods by reason of the negligence of defendant in the construction and maintenance of a water-main, which burst at the intersection of Fourth and Ankeny Streets, adjacent to the premises occupied by the plaintiff, whereby water escaped in such volumes that the sewers were not sufficient to carry off the water, and the same gained access to the basement where…
1Opinion of the CourtJustice Bean
The errors assigned relate to an instruction given by the court, and a refusal to give an instruction requested by the plaintiff. Upon the question of the use of the main, the court, over the objections of plaintiff’s counsel, instructed the jury that: “If you find that the water-main in question was, at the time of the accident, on January 11, 1911, maintained and operated exclusively for fire protection, it will be your duty to bring in a verdict for defendant, because the maintenance of a water-main for fire protection is a public purpose, and the defendant is not liable for the bursting…
2Cases cited9 opinions
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Esberg Cigar Co. v. City of PortlandOregon Supreme Court · 1899
- Brown v. Salt Lake CityUtah Supreme Court · 1908
- Western Saving Fund Society v. City of PhiladelphiaSupreme Court of Pennsylvania · 1858
- Wagner v. PortlandOregon Supreme Court · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hillman v. Northern Wasco County PUDOregon Supreme Court · 1958
- Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
- Antin v. Union High School District No. 2Oregon Supreme Court · 1929
- Hise v. City of North BendOregon Supreme Court · 1931
- Humphry v. PortlandOregon Supreme Court · 1916
6 more not listed; retrieve them via the Exa API.