Trickey v. Clark
Oregon Supreme Court
From Multnomah.: Alfred F. Sears, Judge. Statement by Mr. Chief Justice Bean. This is an action to recover damages for personal injury suffered by plaintiff’s son, a lad about 17 years of age, while working for defendants. At the time of the injury, and for some time prior thereto, defendants were operating a steam sawmill at Linnton, a few miles below Portland, which they had purchased a few months previously.
Read the full summary
From Multnomah.: Alfred F. Sears, Judge. Statement by Mr. Chief Justice Bean. This is an action to recover damages for personal injury suffered by plaintiff’s son, a lad about 17 years of age, while working for defendants. At the time of the injury, and for some time prior thereto, defendants were operating a steam sawmill at Linnton, a few miles below Portland, which they had purchased a few months previously. The mill was equipped with an upright iron feed lever fastened to the floor about feet from the saw pit, and which was connected with the engine and operated by the sawyer in moving…
1Opinion of the CourtChief Justice Bean
1. The record eontáins all the evidence given on the trial. In determining the questions arising on the motion for nonsuit we are therefore to consider the entire evidence. If plaintiff had not proved a cause sufficient to be submitted to the jury when he rested, the ruling on a motion for a nonsuit will not be disturbed, if defendants afterward supplied the omission: Bennett v. N. P. Ex. Co. 12 Or. 49 (6 Pac. 160).
3. Upon the entire record we think it cannot be said, as a matter of law, that there was no competent evidence tending to show that defendants did not exercise- reasonable care in…
2Cases cited15 opinions
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Pullman Palace Car Co. v. LaackIllinois Supreme Court · 1892
- Stone v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Harley v. Buffalo Car Manufacturing Co.New York Court of Appeals · 1894
- Armour v. GolkowskaIllinois Supreme Court · 1903
10 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Galvin v. Brown & McCabeOregon Supreme Court · 1909
- Crosby v. Portland Ry. Co.Oregon Supreme Court · 1909
- Taylor v. TaylorOregon Supreme Court · 1909
- Weygandt v. BartleOregon Supreme Court · 1918
- State v. HassingOregon Supreme Court · 1911
16 more not listed; retrieve them via the Exa API.