Ackles v. Pacific Bridge Co.
Oregon Supreme Court
From Multnomah.: Henry E. McGinn, Judge. Statement hy Mr. Chief Justice McBride. This is an action hy Alice Acldes against the Pacific Bridge Company, a corporation, to recover damages for personal injuries. The defendant contracted with the City of Portland for the pavement and improvement of a portion of Alberta Street in said city.
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From Multnomah.: Henry E. McGinn, Judge. Statement hy Mr. Chief Justice McBride. This is an action hy Alice Acldes against the Pacific Bridge Company, a corporation, to recover damages for personal injuries. The defendant contracted with the City of Portland for the pavement and improvement of a portion of Alberta Street in said city. In said contract appeared the following provision: “ * * Said work to be performed and completed in strict accordance with the provisions and requirements of the charter of said city, ordinances No. 14,253, as amended, and No. 21,715, and the plans and the…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
This appeal presents practically but one proposition: Can the defendant be heard to say that Jeffery & Buff-ton were independent contractors, and, therefore, the parties solely responsible for the injury? That such a defense is usually available is shown by a multitude of authorities: MacDonald v. O’Reilly, 45 Or. 589 (78 Pac. 753), and eases there cited. But there is an exception to this rule which clearly includes the defendant. It is this: Where a statute or city ordinance requires certain precautions to be taken for the safety of the public in the…
2Cases cited7 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- North Chicago Street Railroad v. DudgeonIllinois Supreme Court · 1900
- Macdonald v. O'ReillyOregon Supreme Court · 1904
- Wertheimer v. SaundersWisconsin Supreme Court · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Larson v. Heintz Construction Co.Oregon Supreme Court · 1959
- Amann v. City of TacomaWashington Supreme Court · 1932
- Tamm v. SausetOregon Supreme Court · 1913
- Lintner v. WilesOregon Supreme Court · 1914
- Wolsiffer v. BechillOregon Supreme Court · 1915
2 more not listed; retrieve them via the Exa API.