Legal Opinion

Johnson v. Hot Springs Land & Imp. Co.

Oregon Supreme Court

Decided May 25, 1915PublishedCited by 16 opinions

From Baker: Gustav Anderson, Judge. In Bane. Statement by Mr. Justice Harris. This is an action by Rasmus Johnson, administrator of the estate of Arthur Johnson, deceased against the Hot Springs Land & Improvement Company, a private corporation, for causing the death of plaintiff’s intestate. The defendant maintains a natatorium which is open to the public for swimming, diving and bathing for hire.

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From Baker: Gustav Anderson, Judge. In Bane. Statement by Mr. Justice Harris. This is an action by Rasmus Johnson, administrator of the estate of Arthur Johnson, deceased against the Hot Springs Land & Improvement Company, a private corporation, for causing the death of plaintiff’s intestate. The defendant maintains a natatorium which is open to the public for swimming, diving and bathing for hire. Arthur Johnson dived off a spring-board into the swimming-pool, struck his head on the bottom, was seriously injured, and thereafter died from the effects of the injury so received. Charging that…

1Opinion of the CourtJustice Harris

The testimony will be recounted before attempting to determine the soundness of the ruling made by the trial court. The deceased was aged about 19 years *336and 3 months on June 6, 1913, when injured. He had worked about 5 years in box factories, was of ordinary intelligence, could read English, was practically a grown man, was a good swimmer and diver, and had been in the plunge two and perhaps more times previous to the accident. Having g’one to the natatorium, accompanied by three friends, Walter Murphy, Ray Peck and Louin Halvorsen, for the purpose of using the tank, Johnson and his…

2Cases cited11 opinions

  1. Barrett v. Lake Ontario Beach Improvement Co.New York Court of Appeals · 1903
  2. Turlington v. Tampa Electric Co.Supreme Court of Florida · 1911
  3. Levinski v. CooperCourt of Appeals of Texas · 1911
  4. Massey v. SellerOregon Supreme Court · 1904
  5. Scott v. University of Michigan Athletic Ass'nMichigan Supreme Court · 1908

6 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Perkins v. ByrnesSupreme Court of Missouri · 1954
  2. Robert J. Cleary, by His Father and Next Friend, Mike Cleary, Sr. v. Indiana Beach, Inc., a CorporationCourt of Appeals for the Seventh Circuit · 1960
  3. Waddel's Administrator v. BrashearCourt of Appeals of Kentucky (pre-1976) · 1934
  4. Glaze v. BensonCourt of Appeals of Maryland · 1954
  5. Blanchette v. Union Street Railway Co.Massachusetts Supreme Judicial Court · 1924

11 more not listed; retrieve them via the Exa API.

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