Strauhal v. Asiatic Steamship Co.
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Statement by Mr. Chief Justice Bean. This is an action by B. D. Strauhal, as administrator of the estate of Otto Pannier, deceased, against the Oregon Bailroad & Navigation Co., the Oregon Bound Lumber Co., and the Portland & Asiatic Steamship Co., Jointly, to recover damages for the death of his intestate, alleged to have been caused by the negligence of the defendants.
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From Multnomah: John B. Cleland, Judge. Statement by Mr. Chief Justice Bean. This is an action by B. D. Strauhal, as administrator of the estate of Otto Pannier, deceased, against the Oregon Bailroad & Navigation Co., the Oregon Bound Lumber Co., and the Portland & Asiatic Steamship Co., Jointly, to recover damages for the death of his intestate, alleged to have been caused by the negligence of the defendants. The complaint, after alleging the death of Pannier, the appointment of plaintiff as his administrator, and the incorporation of the several defendants, avers that between the 24th and…
1Opinion of the CourtChief Justice Bean
1. It was not error to allow the amendment to the complaint. It did not substantially change the cause of action. The action is not based on contract, but on tort, alleged to have been caused by the defendants jointly, and in such case a right of action exists against any or all of the wrongdoers, independent of contract: Wabash, etc., Ry. Co. v. Shacklet, 105 Ill. 364 (44 Am. Rep. 791).
2. The allegation of employment was merely to show that deceased was rightfully on the barge at the time of the accident and that the lumber company, his employer, owed him the duty of providing a reasonably…
2Cases cited13 opinions
- Pirie v. TvedtSupreme Court of the United States · 1885
- Tompkins v. Clay St. R.R.California Supreme Court · 1884
- Wabash, St. Louis & Pacific Railway Co. v. ShackletIllinois Supreme Court · 1883
- Consolidated Ice Machine Co. v. KeiferIllinois Supreme Court · 1890
- Cuddy v. HornMichigan Supreme Court · 1881
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Louisville & Nashville Railroad v. AllenSupreme Court of Florida · 1914
- Bost v. . MetcalfeSupreme Court of North Carolina · 1941
- Murray v. HelfrichOregon Supreme Court · 1934
- Peters v. JohnsonOregon Supreme Court · 1928
- Knight v. WesslerUtah Supreme Court · 1926
11 more not listed; retrieve them via the Exa API.