Legal Opinion

Myers v. Portland Ry. Light & Power Co.

Oregon Supreme Court

Decided January 20, 1914PublishedCited by 7 opinions

Prom Multnomah.: Robert G. Morrow, Judge. Statement by Mr. Justice Eailin. This is an action by W. W. Myers, administrator of the estate of Edward Swanson, deceased, against the Portland Ry. Light & Power Co. to recover damages for the death of Edward Swanson, alleged to have been caused by an electric shock received by him while in the employ of the defendant.

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Prom Multnomah.: Robert G. Morrow, Judge. Statement by Mr. Justice Eailin. This is an action by W. W. Myers, administrator of the estate of Edward Swanson, deceased, against the Portland Ry. Light & Power Co. to recover damages for the death of Edward Swanson, alleged to have been caused by an electric shock received by him while in the employ of the defendant. Defendant was engaged in developing, storing and transmitting electricity for commercial purposes, at Cazadero, Clackamas County, Oregon, and at the time of. the death of Swanson was testing new machines, using three wooden tanks…

1Opinion of the CourtJustice Eakin

1. Electricity is a name given to the cause of a series of phenomena exhibited by various substances, and also to the phenomena themselves. Its true nature is not well understood: 15 Cyc. 467. It is said in Spensley v. Lancashire Ins. Co., 54 Wis. 433, 442 (11 N. W. 894, 898): “We are totally ignorant of the nature of this cause [electricity] — whether * * a material agent or merely a property of matter. # * Electricity, when accumulated in large quantities, becomes an agent of producing the most sudden, violent and destructive effects.” The Americana says-the electric shock causes delirium…

2Cases cited6 opinions

  1. Haynes v. Kaleigh Gas Co.Supreme Court of North Carolina · 1894
  2. Hebert v. Lake Charles Ice, Light & Waterworks Co.Supreme Court of Louisiana · 1903
  3. Boyd v. Portland Electric Co.Oregon Supreme Court · 1901
  4. Boyd v. Portland Electric Co.Oregon Supreme Court · 1902
  5. Macon v. Paducah St. Ry. Co.Court of Appeals of Kentucky · 1901

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

3Cited by7 opinions

  1. McClaugherty v. Rogue River Electric Co.Oregon Supreme Court · 1914
  2. Yovovich v. Falls City Lumber Co.Oregon Supreme Court · 1915
  3. Morrow v. Missouri Gas & Electric Service Co.Supreme Court of Missouri · 1926
  4. Clinton & O. W. Ry. Co. v. DunlapSupreme Court of Oklahoma · 1916
  5. Clinton O. W. R. Co. v. DunlapSupreme Court of Oklahoma · 1918

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

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