Richardson v. Klamath S. S. Co.
Oregon Supreme Court
From Multnomah: . Calvin U. Gantenbein, Judge. Statement by Mr. Justice Burnett. This is an action by D. W. Richardson against the Klamath Steamship Company, a corporation.
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From Multnomah: . Calvin U. Gantenbein, Judge. Statement by Mr. Justice Burnett. This is an action by D. W. Richardson against the Klamath Steamship Company, a corporation. It is averred in import by the complaint that on January 9, 1910, the plaintiff was employed by the defendant as' a longshoreman to assist in loading lumber upon its steam vessel, Klamath, then lying at a dock in the town of St. Helens, in Columbia County; that the lumber was piled on the dock in tiers of about seven feet in height, which were covered with snow and frozen together, but were not braced in any manner as they…
1Opinion of the CourtJustice Burnett
In the defendant’s brief it is first contended that the plaintiff assumed the risk and that for that reason, among others, a motion for a nonsuit, interposed at the close of plaintiff’s case, should have been allowed.
1. It appears from the evidence accompanying the record that the St. Helens Mill Company had a dock, at the town of that name, upon which were several piles of lumber awaiting shipment. The pile at which the plaintiff was working was composed of several tiers of lumber of various thicknesses and widths, but mainly 1 inch in thickness and from 4 to 12 inches wide. The witnesses…
2Cases cited7 opinions
- Bodie v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1901
- Campbell v. Chicago, Rock Island & Pacific Railway Co.Illinois Supreme Court · 1910
- Nass v. SchulzWisconsin Supreme Court · 1899
- Rylander v. LaursenWisconsin Supreme Court · 1905
- Pointer v. Klamath Falls Land Co.Oregon Supreme Court · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Silver Falls Timber Co. v. Eastern & Western Lumber Co.Oregon Supreme Court · 1934
- Hise v. City of North BendOregon Supreme Court · 1931
- Myrtle Point Transp. Co. v. Port of Coquille RiverOregon Supreme Court · 1917
- Adkins v. BARRETTOregon Supreme Court · 1952
- Killeen v. Barnes-King Development Co.Montana Supreme Court · 1912
4 more not listed; retrieve them via the Exa API.