Geldard v. Marshall
Oregon Supreme Court
From Multnomah: Arthur L. Frazer, Judge. This is, an action by Matthew Geldard against J. I. Marshall to recover damages for an injury to the plaintiff alleged to have been caused by the negligence of the defendant. In October, 1901, the defendant was building an elevated roadway at Inman, Poulsen & Co.’s mill in Portland, and plaintiff was employed by him upon the work. The roadway was supported by three rows of piling-driven in the ground.
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From Multnomah: Arthur L. Frazer, Judge. This is, an action by Matthew Geldard against J. I. Marshall to recover damages for an injury to the plaintiff alleged to have been caused by the negligence of the defendant. In October, 1901, the defendant was building an elevated roadway at Inman, Poulsen & Co.’s mill in Portland, and plaintiff was employed by him upon the work. The roadway was supported by three rows of piling-driven in the ground. Upon the top of each row was placed a plate or cap, twelve inches square, of rough timbers. A part of the work consisted in fastening the rows of piling…
1Opinion of the CourtJustice Bean
The first and third defenses set up in the answer may be eliminated from the discussion, as they are not supported by the testimony. The only questions for our consideration are (1) whether there was any evidence from which the jury could have found that defendant was negligent in using a defective or unsafe rope; and (2) if so, whether the risk incident thereto was assumed by the plaintiff.
The principles of law by which these questions are to be determined are too well established to require anything more than a mere statement. It is the duty of a master to exercise reasonable care to…
2Cases cited4 opinions
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
- Johnston v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1892
- Duntley v. InmanOregon Supreme Court · 1902
- Miller v. InmanOregon Supreme Court · 1901
3Cited by21 opinions
- Galvin v. Brown & McCabeOregon Supreme Court · 1909
- Schweiger v. SolbeckOregon Supreme Court · 1951
- Woods v. WikstromOregon Supreme Court · 1913
- Millen v. Pacific Bridge Co.Oregon Supreme Court · 1908
- Perrin v. Union Pac. R.Utah Supreme Court · 1921
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