Legal Opinion

Wilcox v. Warren Construction Co.

Oregon Supreme Court

Decided December 30, 1919PublishedCited by 12 opinions

From Multnomah: Robert G. Morrow, Judge. In Banc. In substance the complaint alleges that one Henry J. Wilcox lost his life March 18, 1914, in the service of the defendant owing to some of its negligent acts, and that he left surviving him his widow Gertrude Wilcox, who at the time was insane and died in the insane asylum June 19th of that year. At the time of his death the two plaintiffs were his minor children by a former wife.

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From Multnomah: Robert G. Morrow, Judge. In Banc. In substance the complaint alleges that one Henry J. Wilcox lost his life March 18, 1914, in the service of the defendant owing to some of its negligent acts, and that he left surviving him his widow Gertrude Wilcox, who at the time was insane and died in the insane asylum June 19th of that year. At the time of his death the two plaintiffs were his minor children by a former wife. Afterward one of them having attained majority began this suit with her minor brother, .who appeared by a guardian, to recover damages under the Oregon employers’…

1Opinion of the CourtBurnett, J.

As it stood at the time of the commencement of this action, Section 4 of the enactment mentioned read thus:

“If there shall be any loss of life by reason of the neglects or failures or violations of the provisions of this act by any owner, contractor, or subcontractor, or any person liable under the provisions of this act, the widow of the person so killed, his lineal heirs or adopted children, or the husband, mother, or father, as the case may be, shall have a right of action without any limit as to the amount of damages which may be awarded. ’ ’

1, 2. The theory of the plaintiffs as outlined…

2Cases cited27 opinions

  1. Felton v. SpiroCourt of Appeals for the Sixth Circuit · 1897
  2. Hamman v. Central Coal & Coke Co.Supreme Court of Missouri · 1900
  3. Lewis v. Hunlock's Creek & Muhlenburg Turnpike Co.Supreme Court of Pennsylvania · 1902
  4. Marsh v. Western New York & Pennsylvania Railway Co.Supreme Court of Pennsylvania · 1903
  5. McClaugherty v. Rogue River Electric Co.Oregon Supreme Court · 1914

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

3Cited by12 opinions

  1. People v. VraniakIllinois Supreme Court · 1955
  2. Piukkula v. Pillsbury Astoria Flouring Mills Co.Oregon Supreme Court · 1935
  3. Betz v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1926
  4. White v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1928
  5. In Re MutchlerUnited States Bankruptcy Court, D. Montana · 1989

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

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