Legal Opinion

Shields v. W. R. Grace & Co.

Oregon Supreme Court

Decided February 18, 1919PublishedCited by 18 opinions

From Multnomah: Robert G-. Morrow, Judge. Department 2.. This is an action to recover damages for personal injuries sustained by plaintiff while employed in loading grain in the hold of defendant’s steamship, “Colusa,” at Portland, Oregon. The complaint charged substantially the following negligent acts on the part of the defendant: “1st. In not keeping the ship equipped with proper, safe and secure apparatus for handling grain. “2d.

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From Multnomah: Robert G-. Morrow, Judge. Department 2.. This is an action to recover damages for personal injuries sustained by plaintiff while employed in loading grain in the hold of defendant’s steamship, “Colusa,” at Portland, Oregon. The complaint charged substantially the following negligent acts on the part of the defendant: “1st. In not keeping the ship equipped with proper, safe and secure apparatus for handling grain. “2d. In allowing the sack of wheat to fall from the sliding-board to the bottom of the hold. “3d. In failing to keep a net or apparatus to prevent sacks from falling…

1Opinion of the CourtMcBRIDE, C. J.

1. The principal objection here is as to the court’s action in sustaining an objection to testimony offered by defendant, that it was not usual or ordinary practice to use nets or hatch covers to safeguard employees working in the hold of a ship. We do not see how this was material, in view of the testimony which shows conclusively that the nets, if they were on board the ship, were not placed in position, and that the hatch covers, or other devices, were not placed in a position to protect plaintiff, and if they had been so placed the accident could not have happened.

Evidence of what is…

2Cases cited3 opinions

  1. Hamilton v. Des Moines Valley R. R.Supreme Court of Iowa · 1872
  2. Austin v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1895
  3. Douglas v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1898

3Cited by18 opinions

  1. Ritter v. BEALSOregon Supreme Court · 1961
  2. Skeeters v. SkeetersOregon Supreme Court · 1964
  3. Arlandson v. HumphreySupreme Court of Minnesota · 1947
  4. Fromme v. Lang & Co.Oregon Supreme Court · 1929
  5. Turney v. J. H. Tillman Co.Oregon Supreme Court · 1924

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