Ramaswamy v. Hammond Lumber Co.
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Bean. The plaintiff, Krishna Eamaswamy, instituted this action in the Circuit Court for Multnomah County against the defendant, the Hammond Lumber Company, a corporation, to recover damages for a personal injury inflicted upon him while he was in the employ of the defendant. Yerdict and judgment went for the plaintiff in the sum of $6,500. Defendant appeals.
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From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Bean. The plaintiff, Krishna Eamaswamy, instituted this action in the Circuit Court for Multnomah County against the defendant, the Hammond Lumber Company, a corporation, to recover damages for a personal injury inflicted upon him while he was in the employ of the defendant. Yerdict and judgment went for the plaintiff in the sum of $6,500. Defendant appeals. The defendant is a foreign corporation organized and existing under the laws of the State of New Jersey. At the time of the institution of this action its, principal office…
1Opinion of the CourtJustice Bean
It is asserted by defendant that plaintiff did not by his reply deny the allegations of its affirmative defense in bar. Before the case was called for trial defendant moved for a judgment on the pleadings upon the ground, inter alia, that its answer stated facts showing a complete defense and all matters set forth in the complaint, and that such facts were not denied in the reply. The court overruled this motion.
1. It will be seen that defendant pleaded contributory negligence, and also assumption of risk. While the reply thereto was not a model pleading, we think it was sufficient when we…
2Cases cited14 opinions
- Pembina Consolidated Silver Mining & Milling Co. v. PennsylvaniaSupreme Court of the United States · 1888
- Gibbs v. . Queen Insurance Co.New York Court of Appeals · 1875
- Thomas v. Placerville Gold Quartz Mining Co.California Supreme Court · 1884
- Brown v. O.-W. R. & N. Co.Oregon Supreme Court · 1912
- McNichol v. United States Mercantile Reporting AgencySupreme Court of Missouri · 1881
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3Cited by12 opinions
- Conachan v. WilliamsOregon Supreme Court · 1973
- State Ex Rel. Kahn v. TazwellOregon Supreme Court · 1928
- Freeman v. Wentworth & Irwin, Inc.Oregon Supreme Court · 1932
- Wilson v. B. F. Goodrich Co.Court of Appeals of Oregon · 1981
- Figueroa v. BNSF Railway Co.Oregon Supreme Court · 2017
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