Gardner v. Kinney
Oregon Supreme Court
For Multnomah: William N. Gatens, Judge. Statement by Mr. Justice McBride. This is an action by C. L. Gardner against Marshall J. Kinney. The complaint alleges that on May 4, 1908, defendant employed plaintiff to run a level and plot dam sites on Marble Creek, in British Columbia.
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For Multnomah: William N. Gatens, Judge. Statement by Mr. Justice McBride. This is an action by C. L. Gardner against Marshall J. Kinney. The complaint alleges that on May 4, 1908, defendant employed plaintiff to run a level and plot dam sites on Marble Creek, in British Columbia. Plaintiff was to complete this work by October 1, 1908, and then make a report, embodying the information sought, and turn it over to defendant; that plaintiff was to receive as compensation $5 per day, from May 4, 1908, until the work was completed and the report was tendered to defendant, also all his necessary…
1Opinion of the CourtJustice McBride
1-3. The testimony in the case is conflicting, and while the court might be inclined to form a vastly different conclusion from that arrived at by the jury, yet, so far as there is any testimony to sustain it, we are bound by their verdict as to matters within the issues made by the pleadings. Plaintiff’s original contract, as he states it, was to go to Marble Creek and run his levels, and return and make his report. He testifies that when the leveling was done defendant directed him to remain there on the ground, and that he did so, pursuant to directions. Taking this testimony as true, as…
2Cases cited3 opinions
- Cochran v. BakerOregon Supreme Court · 1899
- Fiore v. LaddOregon Supreme Court · 1896
- Mackey v. OlssenOregon Supreme Court · 1885
3Cited by10 opinions
- Welch v. JohnsonOregon Supreme Court · 1919
- School District No. 30 v. Alameda Construction Co.Oregon Supreme Court · 1917
- Lemler v. BordOregon Supreme Court · 1916
- Hagestrom v. SweeneyOregon Supreme Court · 1912
- Ely v. WildeOregon Supreme Court · 1912
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