West v. Kern
Oregon Supreme Court
From Multnomah: Harry H. Belt, Judge. Department 1. The defendant Daniel Kern has appealed from a judgment obtained against him by the plaintiff Clarence W. West for injuries resulting from a collison with an automobile in the City of Portland. Lawrence R. Kern is a nephew of Daniel Kern. Fidelo- Lopez worked as gardener and “all-around man around the house” of Daniel Kern who resided on the east side of the Willamette River. East Burnside Street extends east and west.
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From Multnomah: Harry H. Belt, Judge. Department 1. The defendant Daniel Kern has appealed from a judgment obtained against him by the plaintiff Clarence W. West for injuries resulting from a collison with an automobile in the City of Portland. Lawrence R. Kern is a nephew of Daniel Kern. Fidelo- Lopez worked as gardener and “all-around man around the house” of Daniel Kern who resided on the east side of the Willamette River. East Burnside Street extends east and west. East Twenty-second Street runs north and south and intersects East Burnside Street. The plaintiff was riding a motorcycle…
1Opinion of the CourtHarris, J.
The only error assigned by the defendant arises out of the refusal of the court to direct a verdict in favor of the defendant. This assignment of error is predicated upon the contention that there was no evidence to show that Lawrence R. Kern was an agent of Daniel Kern; that, although Lopez was employed as a gardener and “an all-around man around the house, ’ ’ he was acting beyond the scope of his employment when driving the automobile; and that therefore there was no evidence upon which the jury could find that the automobile was being driven by a servant or servants of the defendant while…
2Cases cited15 opinions
- Birch v. AbercrombieWashington Supreme Court · 1913
- Norris v. . KohlerNew York Court of Appeals · 1869
- Lotz v. HanlonSupreme Court of Pennsylvania · 1907
- Trombley v. Stevens-Duryea Co.Massachusetts Supreme Judicial Court · 1910
- Vonderhorst Brewing Co. v. AmrhineCourt of Appeals of Maryland · 1904
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- Ronan v. J. G. Turnbull Co.Supreme Court of Vermont · 1926
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