Kennedy v. Hawkins
Oregon Supreme Court
Statement by Mr. Justice Slater. This action was brought by Della Kennedy against W. J. Hawkins, Alfred J. Bingham, and Joseph McClelland to recover the value of certain household goods and personal property belonging to plaintiff, which were destroyed and damaged by the falling of the north wall of the house where she resided, alleged to have been caused by the joint negligence of defendants.
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Statement by Mr. Justice Slater. This action was brought by Della Kennedy against W. J. Hawkins, Alfred J. Bingham, and Joseph McClelland to recover the value of certain household goods and personal property belonging to plaintiff, which were destroyed and damaged by the falling of the north wall of the house where she resided, alleged to have been caused by the joint negligence of defendants. Plaintiff occupied rooms in a three-story brick building belonging to Clara W. Hawkins, the same being situated on lot 7, block 115, near the corner of First and Columbia streets, in the city of…
1Opinion of the CourtJustice Slater
1. The action is based upon an alleged tort. In order to maintain an action for an injury to person or property by reason of negligence or want of due care, there must be shown to exist some obligation or duty towards the plaintiff which the defendant has left undischarged or unfulfilled. This is the basis on which the cause of action rests.
2. There can be no fault, negligence, or breach of duty where there is no act, service, or contract which a party is bound to perform or fulfill. The complaint should allege what duty was imposed upon defendants towards-plaintiff, or state facts from which…
2Cases cited2 opinions
- Cederson v. Oregon Navigation Co.Oregon Supreme Court · 1900
- Jones v. City of PortlandOregon Supreme Court · 1899
3Cited by21 opinions
- Fazzolari v. Portland School District No. 1JOregon Supreme Court · 1987
- Mezyk v. National Repossessions, Inc.Oregon Supreme Court · 1965
- Ritchie v. THOMASOregon Supreme Court · 1950
- Hills v. ShawOregon Supreme Court · 1913
- Hendricks v. SanfordOregon Supreme Court · 1959
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