Statts v. Twohy Bros.
Oregon Supreme Court
From Gilliam: David R. Parker, Judge. Statement by Mr. Justice Moore. This is an action by Arabella Staats, as administratrix of the estate of Mile Radmanovich, deceased, against Twohy Bros. Company, a corporation, to recover damages resulting from the intestate’s death, which was caused by an accident while he was in the defendant’s employment.
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From Gilliam: David R. Parker, Judge. Statement by Mr. Justice Moore. This is an action by Arabella Staats, as administratrix of the estate of Mile Radmanovich, deceased, against Twohy Bros. Company, a corporation, to recover damages resulting from the intestate’s death, which was caused by an accident while he was in the defendant’s employment. In year 1911 the defendant was engaged in Gilliam County in straightening and widening the track of the Oregon-Washington Railroad & Navigation Company. A successful prosecution of the work demanded in some places the removal of large quantities of…
1Opinion of the CourtJustice Moore
1, 2. It is insisted that plaintiff is not the proper party to maintain this action, and, such being the case, an error was committed in denying defendant’s motion for a judgment of nonsuit, and in refusing to direct a verdict in its favor. It is argued by defendant’s counsel that this action is based on Chapter 3, Laws Oregon, 1911, Section 1 of which prescribes the degree of care required to be exercised by persons interested, or engaged in certain classes of work. Section 2 declares that a person having charge of such work shall be deemed the agent of the employer in all actions to recover…
2Cases cited3 opinions
- Putman v. Southern Pacific Co.Oregon Supreme Court · 1891
- Smith v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1899
- Thomas v. HerrallOregon Supreme Court · 1890
3Cited by13 opinions
- McFarland v. Oregon Electric Ry. Co.Oregon Supreme Court · 1914
- Thompson v. Union Fishermen's Co-Op. Packing Co.Oregon Supreme Court · 1925
- Chiara v. Stewart Mining Co.Idaho Supreme Court · 1913
- Browning v. Smiley-Lampert Lumber Co.Oregon Supreme Court · 1914
- McDaniel v. Lebanon Lumber Co.Oregon Supreme Court · 1914
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