Garvin v. Western Cooperage Co.
Oregon Supreme Court
From Multnomah: Robert Gr. Morrow, Judge. Department 1. This is an action wherein it is songht to recover damages for the death of one Mjo Rjacich, of whom the plaintiff claims to be the mother.
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From Multnomah: Robert Gr. Morrow, Judge. Department 1. This is an action wherein it is songht to recover damages for the death of one Mjo Rjacich, of whom the plaintiff claims to be the mother. The substantial facts as alleged in the complaint are that Mjo Rjacich was a member of the section crew upon defendant’s logging railroad; that at the time of the accident resulting in his death, he was riding upon one of defendant’s engines; that at the same time other employees were loading a logging-car, and that after it was partially loaded, a bolt in the hand-brake attached to the car broke,…
1Opinion of the CourtBenson, J.
1. The first assignment of error is that the complaint is insufficient because it fails to allege that defendant had elected not to come under the Workmen’s Compensation Act. The contention thus presented has been settled adversely to defendant’s theory in Olds v. Olds, 88 Or. 209 (171 Pac. 1016).
2. It is then urged that the court erred in permitting plaintiff’s attorney to testify that he was authorized and requested to commence the action in behalf of plaintiff at the request of and under the direction of the Austrian consul-general. The objection to this evidence was based upon the ground…
2Cases cited19 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- State v. SteevesOregon Supreme Court · 1896
- Mulhall v. FallonMassachusetts Supreme Judicial Court · 1900
- Camenzind v. Freeland Furniture Co.Oregon Supreme Court · 1918
- Deni v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1897
14 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Foxton v. WoodmanseeOregon Supreme Court · 1963
- Rhodes v. HarwoodOregon Supreme Court · 1975
- Yates v. LargeOregon Supreme Court · 1978
- Nordlund v. Lewis & Clark RailroadOregon Supreme Court · 1932
- Torres v. SierraNew Mexico Court of Appeals · 1976
9 more not listed; retrieve them via the Exa API.