Duntley v. Inman
Oregon Supreme Court
From Multnomah: Alfred F. Sears, Jr., Judge. This is an action by Ida M. Duntley, administratrix, against Inman, Poulsen & Co., a corporation, to recover damages for the death of Marcus H. Duntley, plaintiff’s intestate, alleged to have been caused by the negligence of the defendant. Duntley, at the time of his death, and for two or three years prior thereto, had been employed by the defendant, running one of its planers.
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From Multnomah: Alfred F. Sears, Jr., Judge. This is an action by Ida M. Duntley, administratrix, against Inman, Poulsen & Co., a corporation, to recover damages for the death of Marcus H. Duntley, plaintiff’s intestate, alleged to have been caused by the negligence of the defendant. Duntley, at the time of his death, and for two or three years prior thereto, had been employed by the defendant, running one of its planers. His duty was to start up the machine and ran the lumber through it, see that it was kept in condition, and if he found anything wrong with it, to report to the foreman. The…
1Opinion of the CourtJustice Bean
1. The plaintiff requested the court to charge the jury that “There is a rule of law that whenever a thing that causes injury is shown to be under the management of a defendant, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care, it affords reasonable evidence, in the absence of an explanation by the defendant, that the accident arose from the want of care. So, in the case on trial, if you find that the pulley attached to the planing machine was under the management of the defendant, and that the pulley broke, which…
2Cases cited13 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Texas & Pacific Railway Co. v. BarrettSupreme Court of the United States · 1897
- Graham v. BadgerMassachusetts Supreme Judicial Court · 1895
- Houston v. Brush & CurtisSupreme Court of Vermont · 1894
- Brownfield v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1899
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Camenzind v. Freeland Furniture Co.Oregon Supreme Court · 1918
- Wabash Screen Door Co. v. BlackCourt of Appeals for the Sixth Circuit · 1903
- Askay v. MaloneyOregon Supreme Court · 1919
- Geldard v. MarshallOregon Supreme Court · 1903
- Millen v. Pacific Bridge Co.Oregon Supreme Court · 1908
15 more not listed; retrieve them via the Exa API.