Wolsiffer v. Bechill
Oregon Supreme Court
From Multnomah: Thomas J. Cleeton, Judge. Department 1. Statement by Mr. Justice Burnett. This is an action by Fred Wolsiffer against Thos. A. Bechill and W. A. Bechill, copartners doing business as Bechill Bros., and J. P. O’Donnell.
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From Multnomah: Thomas J. Cleeton, Judge. Department 1. Statement by Mr. Justice Burnett. This is an action by Fred Wolsiffer against Thos. A. Bechill and W. A. Bechill, copartners doing business as Bechill Bros., and J. P. O’Donnell. The complaint charges, in substance, that the individuals composing the firm of Bechill Bros, and one 0 ’Donnell, as contractors, were grading a street in the City of Portland using various implements drawn by horses and mules for that purpose; that in doing so they were filling a deep pit partly in the street and required the teams thus engaged to be driven…
1Opinion of the CourtJustice Burnett
1. The first question to be considered is the relation, if any, existing between the plaintiff and Bechill Bros. The accident happened February 6, 1913. There is in evidence an agreement in writing dated November 10, 1912, between O’Donnell and Bechill Bros., whereby the former was to do the grading, involving the filling of the pit already mentioned, according to the engineer’s plans and specifications, and to receive as compensation 20 cents per cubic yard for excavation and nothing for fill. It was admitted that Bechill Bros, had entered into a contract with the City of Portland in…
2Cases cited9 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- North Chicago Street Railroad v. DudgeonIllinois Supreme Court · 1900
- Salem v. AnsonOregon Supreme Court · 1902
- Wertheimer v. SaundersWisconsin Supreme Court · 1897
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3Cited by13 opinions
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- Larson v. Heintz Construction Co.Oregon Supreme Court · 1959
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- Wienke v. OCHOCO LUMBER COMPANYOregon Supreme Court · 1976
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