Lintner v. Wiles
Oregon Supreme Court
From Multnomali: Henry E. McGinn, Judge. Department 1. Statement by Mr. Justice Moore. This is an action by Paul Lintner, a minor, by G. Y. Lintner, Ms father and guardian, ad litem, against Elwood Wiles to recover damages for a personal injury, alleged to have been caused by the defendant’s negligence in leaving in an open space near a public street detonating caps, whereby the plaintiff, who at the time of the injury was nine years old, finding the cartridges, lost his…
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From Multnomali: Henry E. McGinn, Judge. Department 1. Statement by Mr. Justice Moore. This is an action by Paul Lintner, a minor, by G. Y. Lintner, Ms father and guardian, ad litem, against Elwood Wiles to recover damages for a personal injury, alleged to have been caused by the defendant’s negligence in leaving in an open space near a public street detonating caps, whereby the plaintiff, who at the time of the injury was nine years old, finding the cartridges, lost his right eye in exploding one of them. From a judgment in plaintiff’s favor for $5,000 the defendant appeals. Reversed, and…
1Opinion of the CourtJustice Moore
It appears from a transcript of the testimony, which is attached to the bill of exceptions, that pursuant to the terms of a contract with the proprietors of an addition to the City of Portland, known as Beaumont, the defendant caused to be removed from the tract all the stumps and also graded, paved and otherwise improved the streets laid out on the premises. The stumps were extracted by blasting powder, to explode which sticks of dynamite were used. A detonating cap, consisting of a small copper cartridge partially filled with fulminate and having inserted in the open end a piece of fuse,…
2Cases cited23 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Water Co. v. WareSupreme Court of the United States · 1873
- City of Logansport v. DickIndiana Supreme Court · 1880
- City of Joliet v. HarwoodIllinois Supreme Court · 1877
18 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Eitel v. Times, Inc.Oregon Supreme Court · 1960
- Elam v. SoaresOregon Supreme Court · 1978
- McKay v. State Industrial Accident CommissionOregon Supreme Court · 1939
- Houston v. Co.Oregon Supreme Court · 1917
- Caro v. WollenbergOregon Supreme Court · 1917
8 more not listed; retrieve them via the Exa API.