Legal Opinion

Ferrari v. Beaver Hill Coal Co.

Oregon Supreme Court

Decided July 13, 1909PublishedCited by 21 opinions

This is an action by James Ferrari, a minor, by Rosa Ferrari, guardian of his person and estate, against the Beaver Hill Coal Company, a corporation, and Daniel Maher, one of its employees, to recover damages for an injury. From a judgment in favor of plaintiff, defendants appeal. On motion to dismiss appeal and counter motion on clerk to supply record. Motion to Supply Record Allowed. Statement by Mr. Justice King.

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This is an action by James Ferrari, a minor, by Rosa Ferrari, guardian of his person and estate, against the Beaver Hill Coal Company, a corporation, and Daniel Maher, one of its employees, to recover damages for an injury. From a judgment in favor of plaintiff, defendants appeal. On motion to dismiss appeal and counter motion on clerk to supply record. Motion to Supply Record Allowed. Statement by Mr. Justice King. This is an action by James Ferrari, a minor, by his guardian, against the Beaver Hill Coal Company and Daniel Maher, one of its employees, for damages arising from an injury…

1Opinion of the Court

Motion for Rule on Clerk to Supply.Record.

Opinion by

Mr. Chief Justice Bean.

1. On February 3, 1908, a motion to dismiss the appeal in this case, on the ground that notice thereof had not been served or filed within the time required by statute, was, by stipulation of the parties, submitted on written briefs. Pending the disposition thereof, the appellants suggested to the court a diminution of the record, and asked for a rule on the clerk below to send up a notice of appeal, which, it is alleged, was served and filed within the statutory time, but which is not included in the transcript. The…

Also in this document: Per curiam.

2Cases cited6 opinions

  1. Fleischner v. Bank of McMinnvilleOregon Supreme Court · 1898
  2. Mendenhall v. ElwertOregon Supreme Court · 1900
  3. State ex rel. Mahoney v. McKinmoreOregon Supreme Court · 1880
  4. Cross v. ChichesterOregon Supreme Court · 1871
  5. Alberson v. MahaffeyOregon Supreme Court · 1877

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3Cited by21 opinions

  1. Vinci v. O'NeillSupreme Court of Connecticut · 1925
  2. Parker v. WolfOregon Supreme Court · 1914
  3. Brewster v. SpringerOregon Supreme Court · 1916
  4. Wilkens v. Western States Grocery Co.Oregon Supreme Court · 1941
  5. State Ex Rel. United Railways Co. v. EkwallOregon Supreme Court · 1930

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