Legal Opinion

Busch v. Robinson

Oregon Supreme Court

Decided June 12, 1905PublishedCited by 4 opinions

From Umatilla: William B. Ellis, Judge. Statement by Mr. Ciiiee Justice Wolverton. This is an action for damages by Margaret Busch against John F. Bobinson. The plaintiff, an employee of the defendant, while at work in a laundry, of which the latter was proprietor, feeding a mangle, slipped, and, falling forward, her right hand was caught between the rollers and seriously injured.

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From Umatilla: William B. Ellis, Judge. Statement by Mr. Ciiiee Justice Wolverton. This is an action for damages by Margaret Busch against John F. Bobinson. The plaintiff, an employee of the defendant, while at work in a laundry, of which the latter was proprietor, feeding a mangle, slipped, and, falling forward, her right hand was caught between the rollers and seriously injured. She attributes the cause of the injury to the negligence of the defendant, and charges in her complaint that he kept and maintained a platform in front of the mangle, upon which the employees feeding the same were…

1Opinion of the CourtChief Justice Wolverton

1. The first, assignment of error relates to the overruling of a demurrer to the complaint, and it is now urged that it is insufficient after verdict, in that it does not state that plaintiff was without knowledge of the defective and broken board while using the platform, or, stating the contention more precisely, that having shown that the defendant suffered the platform *542whereon she was to stand in doing her work to become and remain in a broken condition, without having stated more., it must be assumed that the defect was open and obvious, and, of course, that the plaintiff saw and…

2Cases cited5 opinions

  1. Johnston v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1892
  2. Wild v. Oregon Short Line, etc., Ry. Co.Oregon Supreme Court · 1891
  3. Stager v. Troy Laundry Co.Oregon Supreme Court · 1901
  4. Duff v. Willamette Steel WorksOregon Supreme Court · 1904
  5. Miller v. InmanOregon Supreme Court · 1901

3Cited by4 opinions

  1. Rase v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1909
  2. Syverson v. NelsonSupreme Court of Minnesota · 1955
  3. Oberlin v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1914
  4. Harris v. HindmanOregon Supreme Court · 1929

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