Nelson v. Brown & McCabe
Oregon Supreme Court
From Multnomah: William Galloway, Judge. Department 2. Statement by Mr. Justice Burnett. This is an action by H. Nelson against Brown & McCabe. The defendant is a corporation engaged as stevedores in Portland, Oregon. It is admitted that at the time of the grievance of which the plaintiff complains he was in its employ and received an injury while working for the defendant upon a certain Japanese steamship in the port of Portland.
Read the full summary
From Multnomah: William Galloway, Judge. Department 2. Statement by Mr. Justice Burnett. This is an action by H. Nelson against Brown & McCabe. The defendant is a corporation engaged as stevedores in Portland, Oregon. It is admitted that at the time of the grievance of which the plaintiff complains he was in its employ and received an injury while working for the defendant upon a certain Japanese steamship in the port of Portland. It appears that the defendant was engaged in loading the ship with flour which was sent aboard the vessel by means of chutes carrying it into the various hatchways…
1Opinion of the CourtJustice Burnett
1. The errors relied upon before us are predicated upon instructions given by the court and the refusal of others requested by the defendant. One of the latter is this:
“Contributory negligence consists of such acts or omissions on the part of the plaintiff as would amount to want of ordinary care under the particular circumstances ; and if the plaintiff in this case was guilty of negligence contributing to the accident and injury which he sustained, he cannot recover, even though the defendant was also guilty of negligence.”
Such an instruction to the jury would make contributory negligence a…
2Cases cited1 opinion
- Marks v. Columbia County Lumber Co.Oregon Supreme Court · 1915
3Cited by3 opinions
- Poole v. TilfordOregon Supreme Court · 1921
- Watts v. Spokane, P. & S. Ry. Co.Oregon Supreme Court · 1918
- Tabor v. Coin Machine Mfg. Co.Oregon Supreme Court · 1917