Rook v. Schultz
Oregon Supreme Court
From Multnomah: William: N. Gatens, Judge. Department 1. It is alleged in the complaint and admitted by the answer that the defendants are partners engaged in maintaining and operating a dairy plant under an assumed trade , name, using in their business a number of vehicles propelled by gasoline; that they hire help for the purpose of operating them; and that on July 13, 1918, the plaintiff was riding on one of those vehicles and assisting the driver in distributing milk.
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From Multnomah: William: N. Gatens, Judge. Department 1. It is alleged in the complaint and admitted by the answer that the defendants are partners engaged in maintaining and operating a dairy plant under an assumed trade , name, using in their business a number of vehicles propelled by gasoline; that they hire help for the purpose of operating them; and that on July 13, 1918, the plaintiff was riding on one of those vehicles and assisting the driver in distributing milk. It is further charged in the complaint, but denied by the answer, that on the date mentioned, while the plaintiff was…
1Opinion of the CourtBurnett, C. J.
1. For the purposes of this case we take the defendants at their own classification of the plaintiff as a volunteer, assisting their employee who was in charge of the vehicle in the distribution of milk which the defendants were selling. The case presented is one of the infliction of an injury by the management of the defendants’ vehicle. As to the responsibility of the defendants, it is settled in West v. Kern, 88 Or. 247 (171 Pac. 413, 1050, L. R. A. 1917D, 920), that where a plaintiff proves that the vehicle which caused his injury belonged to the defendant, a prima facie case is made,…
2Cases cited3 opinions
- West v. KernOregon Supreme Court · 1918
- Evarts v. St. Paul, Minneapolis & Manitoba Ry. Co.Supreme Court of Minnesota · 1894
- Cerrano v. Portland Ry. Light & Power Co.Oregon Supreme Court · 1912
3Cited by17 opinions
- Stewart v. HoukOregon Supreme Court · 1928
- Ramp v. OsborneOregon Supreme Court · 1925
- Monnet v. UllmanOregon Supreme Court · 1929
- Sather v. GiaconiOregon Supreme Court · 1923
- Lakube v. CohenMassachusetts Supreme Judicial Court · 1939
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