Legal Opinion
Kowaleski v. Kowaleski
Oregon Supreme Court
Decided October 9, 1963No. © Modern law review writers, however, prefer a broader social and economic approach — a risk distribution based upon some kind of enterprise liability. For example, see G. Robert Morris, Jr., Enterprise Liability and the Actuarial Process — The Insignificance of Foresight, 70 Yale L J 554 (1961), and Guido Calabresi, Some Thoughts on Risk Distribution and the Law of Torts, in the same issue at 499PublishedCited by 28 opinions
1Opinion of the CourtDenecke, J.
This is an automobile accident case.
The sole issue is: was the driver of the car, as a matter of law, the servant of the owner of the car? The trial court left this question of agency to the jury. The jury returned a defendant’s verdict.
The driver, Andrew Kowaleski,- and the car owner, Antone Kowaleski, are brothers. They operate a service station in Portland. After work Antone planned to go to Andrew’s home and have dinner with Andrew and Andrew’s wife, the plaintiff. Antone owned a farm at Scappoose, Oregon, a town about 25 miles from Portland. When the plaintiff came over to pick up her…
2Cases cited10 opinions
- Wiebe v. SeelyOregon Supreme Court · 1959
- Judson v. Bee Hive Auto Service Co.Oregon Supreme Court · 1930
- White v. KELLER ET UX.Oregon Supreme Court · 1950
- Johnson v. Los Angeles-Seattle Motor Express, Inc.Oregon Supreme Court · 1960
- Houston v. Co.Oregon Supreme Court · 1917
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Stanfield v. LaccoarceOregon Supreme Court · 1978
- Cain v. RijkenOregon Supreme Court · 1986
- Vaughn v. First Transit, Inc.Oregon Supreme Court · 2009
- Gossett v. SimonsonOregon Supreme Court · 1966
- Schaff v. Ray's Land & Sea Food Co., Inc.Oregon Supreme Court · 2002
23 more not listed; retrieve them via the Exa API.