Nielsen v. Portland Gas & Coke Co.
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. Department 2. Statement by Mr. Justice Bean. This is an action by Harald Nielsen against the Portland Gas & Coke Company, a corporation, to recover damages for a personal injury alleged to have been caused by the defendant’s negligence, setting forth the particulars thereof; The answer denied the negligence charged, and for separate defenses averred, in effect: (1) That the plaintiff was an experienced workman who knew and appreciated…
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From Multnomah: George N. Davis, Judge. Department 2. Statement by Mr. Justice Bean. This is an action by Harald Nielsen against the Portland Gas & Coke Company, a corporation, to recover damages for a personal injury alleged to have been caused by the defendant’s negligence, setting forth the particulars thereof; The answer denied the negligence charged, and for separate defenses averred, in effect: (1) That the plaintiff was an experienced workman who knew and appreciated the dangers to which he was exposed, and assumed the risks incident thereto; (2) that, if the injury complained of was…
1Opinion of the CourtJustice Bean
The first question for solution is in regard to the settlement and release. Plaintiff avers in his reply that the physician employed by the defendant “wrongfully and without right kept secret and failed to disclose to *510this plaintiff the character and nature of his said injuries, and, upon the assurances of said physician” that his injury was not serious, as detailed, and without knowledge of his true condition, he did agree with defendant to satisfy, release and discharge the latter from any further liability in consideration of the sum of $40. The evidence on this subject is in part as…
2Cases cited19 opinions
- Chicago & N. W. Ry. Co. v. WilcoxCourt of Appeals for the Eighth Circuit · 1902
- Olston v. Oregon Water Power & Ry. Co.Oregon Supreme Court · 1908
- Lumley v. Wabash R.Court of Appeals for the Sixth Circuit · 1896
- Woods v. WikstromOregon Supreme Court · 1913
- Schulte v. Pacific Paper Co.Oregon Supreme Court · 1913
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3Cited by12 opinions
- Florida East Coast Railway Co. v. ThompsonSupreme Court of Florida · 1927
- Whitehead v. Montgomery Ward & Co., Inc.Oregon Supreme Court · 1951
- Wood v. YoungOregon Supreme Court · 1928
- Broad v. Kelly's Olympian Co.Oregon Supreme Court · 1936
- Williams v. Clemen's Forest Products, Inc.Oregon Supreme Court · 1950
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