Bamford v. Van Emon Elevator Co.
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Burnett. This is an action by Lela F. Bamford against tbe Van Emon Elevator Company, a corporation, Multnomah Security Company, a corporation, Broadway Realty Company, a corporation, R. M. Gray and Harry E. Wood, to recover damages for personal injuries.
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From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Burnett. This is an action by Lela F. Bamford against tbe Van Emon Elevator Company, a corporation, Multnomah Security Company, a corporation, Broadway Realty Company, a corporation, R. M. Gray and Harry E. Wood, to recover damages for personal injuries. It is alleged in the complaint concerning the Van Emon Elevator Company, defendant, that on the day of the accident complained of, September 15, 1913, it was operating the passenger elevators in the Broadway Building, in Portland, by virtue of a contract and agreement with all…
1Opinion of the CourtJustice Buenett
1. On the appeal the contest is waged between the plaintiff and the Van Emon Elevator Company. It is a principle laid down in Knahtla v. Oregon Short Line Ry. Co., 21 Or. 136 (27 Pac. 91), and followed to the present day, that a plaintiff can recover only on the ground of negligence alleged in the complaint. It will be observed that carelessness of operation is attributed to the Yan Emon Elevator Company. The complaint does no't state that the machinery in question was defective when installed in the building. On the other hand, as noted above, it describes the injury as happening on…
2Cases cited3 opinions
- Huset v. J. I. Case Threshing Mach. Co.Court of Appeals for the Eighth Circuit · 1903
- Knahtla v. Oregon Short Line, etc., Ry. Co.Oregon Supreme Court · 1891
- Peterson v. Standard Oil Co.Oregon Supreme Court · 1910
3Cited by3 opinions
- Trowbridge v. Abrasive Co. Of PhiladelphiaCourt of Appeals for the Third Circuit · 1951
- Carter v. HartensteinSupreme Court of Arkansas · 1970
- American Reciprocal Insurers v. BessonetteOregon Supreme Court · 1965