Bequette v. Peoples' Transportation Co.
Oregon Supreme Court
Appeal from Marion County. This action was brought in the Circuit Court for Marion county, to recover the value of a flat boat and skiff, which plaintiff alleged had been destroyed while lying at the bank of the Willamette river at Fairfield, through the carlessness of defendant’s agent in the management of its steamer, the Fannie Patton. In answering, the defendant denied the allegation of negligence, and averred negligence on the part of plaintiff as the. cause of injury.
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Appeal from Marion County. This action was brought in the Circuit Court for Marion county, to recover the value of a flat boat and skiff, which plaintiff alleged had been destroyed while lying at the bank of the Willamette river at Fairfield, through the carlessness of defendant’s agent in the management of its steamer, the Fannie Patton. In answering, the defendant denied the allegation of negligence, and averred negligence on the part of plaintiff as the. cause of injury. The replication denied this averment of negligence. Defendant’s counsel asked the court below to give the following…
1Opinion of the CourtSkinner, J.
The question involved in this, case has been thoroughly and ably discussed by counsel, and numerous authorities cited. After carefully collating and examining all those cases, we are of opinion that the court below did not err in refusing the instructions ashed by defendant’s counsel, or in giving those above set out.
All persons using a public highway are bound to use ordinary care to avoid injury to the persons or property of others.
The position, that the least negligence on the part of the plaintiff would excuse the grossest carelessness on the part of the defendant, is' not sustained by…
2Cited by4 opinions
- DeMendoza v. HuffmanOregon Supreme Court · 2002
- Ford v. Umatilla CountyOregon Supreme Court · 1887
- Filkins v. Portland Lumber Co.Oregon Supreme Court · 1914
- Holstine v. Oregon & California RailroadOregon Supreme Court · 1879