Mast v. Kern
Oregon Supreme Court
From Coos : J. C. Fullerton, Judge. Action by W. L. Mast against Daniel Kern. This action is brought to recover damages for an injury alleged to have been sustained through defendant’s negligence.
Read the full summary
From Coos : J. C. Fullerton, Judge. Action by W. L. Mast against Daniel Kern. This action is brought to recover damages for an injury alleged to have been sustained through defendant’s negligence. At the time of the accident which caused his injury, the plaintiff was, and for some months prior thereto had been, working for the defendant in a stone quarry at Coos Bay, engaged with other employees in excavating and removing rock by blasting, under the direction and supervision of one West, who was the superintendent and manager, with power to hire and discharge employees. On the day of the…
1Opinion of the CourtJustice Bean
*249The motion for nonsuit was, it is stated in the briefs, allowed on the ground that when the plaintiff, with full knowledge of the situation, without protest or objection, undertook to load the hole as directed by West, he knowingly and voluntarily assumed the risks of a premature explosion; and we are not prepared to say at this time that the court was in error in so ruling: Brown v. Oregon Lumber Co., 24 Or. 315 (33 Pac. 557). But, however that may be, the judgment of nonsuit must be sustained for the reason that the negligence of West, if any, was, under the circumstances, the negligence of…
2Cases cited13 opinions
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Sayward v. CarlsonWashington Supreme Court · 1890
- Hussey v. . CogerNew York Court of Appeals · 1889
8 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Putnam v. Pacific Monthly Co.Oregon Supreme Court · 1913
- Jacksonville Electric Co. v. SloanSupreme Court of Florida · 1906
- James Stewart & Co. v. NewbyCourt of Appeals for the Fourth Circuit · 1920
- Schulte v. Pacific Paper Co.Oregon Supreme Court · 1913
- Galer v. WEYERHAEUSER TIMBER CO.Oregon Supreme Court · 1959
22 more not listed; retrieve them via the Exa API.