Simms v. Sullivan
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. In Bane. On or about the twenty-seventh day of November, 1919, W. H. Simms, the plaintiff and appellant, left his ear at the Fashion Garage, located at 192 Tenth Street, Portland, Oregon. This was a public garage conducted for the storage of automobiles by defendant L. I. Sullivan. By the acceptance of the car upon the part of Sullivan, the relationship of bailor and bailee for hire was established between the parties hereto.
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From Multnomah: William N. Gatens, Judge. In Bane. On or about the twenty-seventh day of November, 1919, W. H. Simms, the plaintiff and appellant, left his ear at the Fashion Garage, located at 192 Tenth Street, Portland, Oregon. This was a public garage conducted for the storage of automobiles by defendant L. I. Sullivan. By the acceptance of the car upon the part of Sullivan, the relationship of bailor and bailee for hire was established between the parties hereto. The plaintiff asserted that the defendant did not take due and proper care of the said automobile, but, on the contrary, that…
1Opinion of the CourtBrown, J.
The plaintiff alleges that the court erred in allowing the introduction of evidence as to the existence of a local custom among the garage-keepers of the City of Portland. There was no allegation of any particular custom contained in the pleadings. At the trial a number of garage-keepers were permitted to testify that a custom existed among the keepers of garages at Portland to the effect that the storage of an automobile did not contemplate or include the duty of removing water from the radiator.
It is a familiar rule of pleading that the issues in each case are confined to those made by the…
2Cases cited23 opinions
- Hansen v. Oregon-Wash. R. & N. Co.Oregon Supreme Court · 1920
- Stevens v. Stewart-Warner Speedometer Corp.Massachusetts Supreme Judicial Court · 1916
- Harrison v. BirrellOregon Supreme Court · 1911
- McCulsky v. KlostermanOregon Supreme Court · 1890
- Holmes v. WhitakerOregon Supreme Court · 1892
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3Cited by27 opinions
- Agricultural Ins. v. ConstantineOhio Supreme Court · 1944
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- Port Investment Co. v. Oregon Mutual Fire InsuranceOregon Supreme Court · 1939
- Robertson v. Coca Cola Bottling Co.Oregon Supreme Court · 1952
- Irish & Swartz Stores v. First National BankOregon Supreme Court · 1960
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