Fredenthal v. Brown
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Action by C. W. Fredenthal against Brown & McCabe, stevedores, a corporation, for an injury received by plaintiff while assisting in loading a ship with lumber. At the close of the trial the court allowed a nonsuit on motion of defendant, and from the judgment which followed, plaintiff appeals. Statement by Mr. Justice Eakin.
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From Multnomah: John B. Cleland, Judge. Action by C. W. Fredenthal against Brown & McCabe, stevedores, a corporation, for an injury received by plaintiff while assisting in loading a ship with lumber. At the close of the trial the court allowed a nonsuit on motion of defendant, and from the judgment which followed, plaintiff appeals. Statement by Mr. Justice Eakin. The defendants, as stevedores, were engaged in loading a ship, the Eva, with lumber at the Inman-Poulsen Dock on the Willamette River, at Portland, Or.; the lumber being placed in a sling on the dock,- was lifted, carried over the…
1Opinion of the CourtJustice Eakin
1. The plaintiff’s case rests principally upon whether the statements made by Smith, the engineer, to witnesses Olsen and Mahoney, soon after the accident, in relation to the cause thereof, was competent evidence against the principal as admissions by an agent. It was not shown by the evidence that Smith was the agent of the defendant for any. purpose except to operate the winch and derrick. His acts within that employment are the acts *37of the principal, and what he said about those acts while performing them is a part of the transaction; and, where the acts are competent evidence against the…
2Cases cited14 opinions
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- Redmon v. Metropolitan Street RailwaySupreme Court of Missouri · 1904
- Johnston v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1892
- Waldele v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1884
- Louisville & Nashville Railroad v. PearsonSupreme Court of Alabama · 1892
9 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Coalgate Co. v. HurstSupreme Court of Oklahoma · 1910
- Wemett v. MountOregon Supreme Court · 1930
- Schaff v. CoyleSupreme Court of Oklahoma · 1925
- State v. PooleOregon Supreme Court · 1939
- Eastern Torpedo of Ohio Co. v. SheltsSupreme Court of Oklahoma · 1926
10 more not listed; retrieve them via the Exa API.