Evansen v. Grande Ronde Lumber Co.
Oregon Supreme Court
From Union: John W. Knowles, Judge. Statement by Mr. Chief Justice Moore. This is an action by P. Evansen, as administrator of tbe estate of Andrew Brodreskift, deceased, against tbe Grande Ronde Lumber Company, a corporation, to recover damages resulting from the death of tbe plaintiff’s intestate, wbicb it is alleged was caused by tbe defendant’s negligence in that there was a failure to provide a safe place in wbicb brakemen, employed on a logging train, were required to…
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From Union: John W. Knowles, Judge. Statement by Mr. Chief Justice Moore. This is an action by P. Evansen, as administrator of tbe estate of Andrew Brodreskift, deceased, against tbe Grande Ronde Lumber Company, a corporation, to recover damages resulting from the death of tbe plaintiff’s intestate, wbicb it is alleged was caused by tbe defendant’s negligence in that there was a failure to provide a safe place in wbicb brakemen, employed on a logging train, were required to perform tbe services demanded of them, in not suitably inspecting tbe cars, chains, fasteners and appliances used in…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
1. It is maintained that an error was committed in overruling the demurrer. The defenses interposed are allowable, unless the Employer’s Liability Act has eliminated them. When an action is brought by an administrator to recover damages for the death of his intestate, alleged to have been caused by the defendant’s negligence, and the amount of the judgment demanded is limited to $7,500, it is believed that the provisions of the Employer’s Liability Act are thereby waived, and reliance is placed upon the statute as it existed prior to the enactment referred…
2Cases cited6 opinions
- Sappenfield v. Main Street & Agricultural Park RailroadCalifornia Supreme Court · 1891
- Morton v. Detroit, Bay City & Alpena RailroadMichigan Supreme Court · 1890
- New York Electric Equipment Co. v. BlairCourt of Appeals for the Second Circuit · 1897
- Chicago & Erie Railway Co. v. CummingsIndiana Court of Appeals · 1899
- Meyers v. Highland Boy Gold Mining Co.Utah Supreme Court · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Beauchamp v. Los Gatos Golf CourseCalifornia Court of Appeal · 1969
- Phillips Petroleum Co. v. ManningCourt of Appeals for the Eighth Circuit · 1936
- Erickson v. Pacific States Lumber Co.Court of Appeals for the Ninth Circuit · 1927
- Beauchamp v. Los Gatos Golf CourseCalifornia Court of Appeal · 1969