Legal Opinion

Malloy v. Marshall-Wells Hardware Co.

Oregon Supreme Court

Decided October 22, 1918Published

From Multnomah: Harry H. Belt, Judge. Department 2. This is an action to recover damages for a personal injury sustained by plaintiff September 11, 1915. It appears that Marshall-Wells Hardware Company is operating a two-story barn at the comer of Seventeenth and Love joy Streets, in the City of Portland.

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From Multnomah: Harry H. Belt, Judge. Department 2. This is an action to recover damages for a personal injury sustained by plaintiff September 11, 1915. It appears that Marshall-Wells Hardware Company is operating a two-story barn at the comer of Seventeenth and Love joy Streets, in the City of Portland. Plaintiff had been in the employ of this corporation since April, 1910. For upwards of four years prior to his injury he had lived with Ms family in the barn above referred to. His duties were manifold; they included the care of the horses, the cleaning of the bam, looking after the harness…

1Opinion

Rehearing denied December 10, 1918.

On Petition eor Second Hearing.

(176 Pac. 589.)

In Banc.

For the petition there was a brief presented by Messrs. Emmons & Webster and Messrs. Stapleton, Conley S Stapleton.

Mr. A. H. McCurtain, Mr. J. W. Kaste, Messrs. Wilbur, Spencer S Bechett and Messrs. Bauer & Greene, opposed.

HARRIS, J.

The petition for a rehearing filed by the Marshall-Wells Hardware Company presents no *357new questions. It is stated, however, in the petition that the Circuit Court for Multnomah County did in truth enter an order on February 7, 1917, extending the time within which the…

2Cases cited6 opinions

  1. St. Paul & Chicago Railway Co. v. McLeanSupreme Court of the United States · 1883
  2. McLaughlin Brothers v. HallowellSupreme Court of the United States · 1913
  3. Portland Iron Works v. WillettOregon Supreme Court · 1907
  4. State v. JenningsOregon Supreme Court · 1906
  5. Noble v. WatrousOregon Supreme Court · 1917

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