Lieuallen v. Mosgrove
Oregon Supreme Court
From. Umatilla : Stephen A. Lowell, Judge. This is an action to recover damages for the destruction by fire of certain personal property belonging to the plaintiff, alleged to have been caused by the negligence of the defendants. The facts are that during the harvest season of 1897 defendants were engaged in operating a threshing machine in Umatilla County, the motive power of which was a steam, straw-burning engine commonly used for such purpose.
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From. Umatilla : Stephen A. Lowell, Judge. This is an action to recover damages for the destruction by fire of certain personal property belonging to the plaintiff, alleged to have been caused by the negligence of the defendants. The facts are that during the harvest season of 1897 defendants were engaged in operating a threshing machine in Umatilla County, the motive power of which was a steam, straw-burning engine commonly used for such purpose. This engine was so constructed that the only way of removing ashes or cinders therefrom was by means of a trapdoor in the bottom of the ashpan,…
1Opinion of the CourtJustice Bean
The notice of appeal contains several assignments of error, but they present practically only two questions : First, error of the court in overruling defendants’ motion for nonsuit, made at the close of plaintiff’s testimony; and, second, error of the court in ruling and instructing the jury, in substance, that the plaintiff was entitled to recover in this action if it appeared that the fire which consumed his property was the result of the carelessness and negligence of the defendants in not caring for and extinguishing the fire contained in the ashes taken from the engine, although they…
2Cases cited6 opinions
- Higgins v. DeweyMassachusetts Supreme Judicial Court · 1871
- Knahtla v. Oregon Short Line, etc., Ry. Co.Oregon Supreme Court · 1891
- Woodward v. O. R. & N. Co.Oregon Supreme Court · 1890
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. HixonIndiana Supreme Court · 1881
- Pittsburgh, Cincinnati & St. Louis R. W. Co. v. CulverIndiana Supreme Court · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Boyd v. Portland Electric Co.Oregon Supreme Court · 1901
- Cederson v. Oregon Navigation Co.Oregon Supreme Court · 1900
- Jones v. City of PortlandOregon Supreme Court · 1899
- Lieuallen v. MosgroveOregon Supreme Court · 1900
- Oregon Box & Mfg. Co. v. Jones Lumber Co.Oregon Supreme Court · 1926
5 more not listed; retrieve them via the Exa API.