Legal Opinion

Caraduc v. Schanen-Blair Co.

Oregon Supreme Court

Decided July 1, 1913PublishedCited by 8 opinions

From Multnomah: Robert G. Morrow, Judge. Department 2. Statement by Mr. Justice Bean. This is an action by Eugene Caraduc against Schanen-Blair Company, a corporation, to recover damages for personal injuries sustained by the plaintiff while at work on the Lincoln high school building, Portland, Oregon. The cause was tried before a jury, which rendered a verdict in favor of the plaintiff. From a judgment entered thereon the defendant appeals.

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From Multnomah: Robert G. Morrow, Judge. Department 2. Statement by Mr. Justice Bean. This is an action by Eugene Caraduc against Schanen-Blair Company, a corporation, to recover damages for personal injuries sustained by the plaintiff while at work on the Lincoln high school building, Portland, Oregon. The cause was tried before a jury, which rendered a verdict in favor of the plaintiff. From a judgment entered thereon the defendant appeals. The complaint charged that the injury was caused by the falling of a block of granite which the defendant had placed near the building in such a…

1Opinion of the CourtJustice Bean

1. There were no contractual relations existing between the plaintiff and the defendant. The plaintiff-was rightfully upon the premises. The defendant company owed a duty to the plaintiff to abstain from creating a nuisance er a condition in the building that would be likely to injure him. It was the duty of the defendant to use reasonable care and precaution in placing the 'stone near the building, and in maintaining it there.

2. At the close of plaintiff’s evidence, counsel for defendant moved the court for a nonsuit, which was denied, after which defendant’s counsel introduced evidence and…

2Cases cited17 opinions

  1. Griffen v. . ManiceNew York Court of Appeals · 1901
  2. Mullen v. . St. JohnNew York Court of Appeals · 1874
  3. Cummings v. National Furnace Co.Wisconsin Supreme Court · 1884
  4. Smith v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1880
  5. Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1873

12 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Johnson v. UnderwoodOregon Supreme Court · 1922
  2. Cornely v. CampbellOregon Supreme Court · 1920
  3. Weygandt v. BartleOregon Supreme Court · 1918
  4. Stamm v. WoodOregon Supreme Court · 1917
  5. Watts v. Spokane, P. & S. Ry. Co.Oregon Supreme Court · 1918

3 more not listed; retrieve them via the Exa API.

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