Filkins v. Portland Lumber Co.
Oregon Supreme Court
From Multnomah: Henry E. McGtnn, Judge. Department 1. Statement by Mr. Justice Moore. This is an action by John Filkins against the Portland Lumber Company, a corporation, to recover damages for a personal injury.
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From Multnomah: Henry E. McGtnn, Judge. Department 1. Statement by Mr. Justice Moore. This is an action by John Filkins against the Portland Lumber Company, a corporation, to recover damages for a personal injury. The plaintiff, while employed by the defendant and engaged in placing in a machine in its sawmill, called a “hog,” edgings and other waste material to be broken into suitable lengths for fuel, was hit in the eye by an escaping stick producing the injury complained of, which hurt is alleged to have been caused by the defendant’s negligence in failing properly to guard such machine.…
1Opinion of the CourtJustice Moore
1-3. After the jury had been selected, but before any testimony was given, the plaintiff was permitted, over objection and exception, to amend his complaint so as to allege that the damages which he had sustained were $7,500 instead of $2,500, as originally averred, and it is maintained that an error was thereby committed. Any time before trial the court may allow a pleading to be amended: § 102, L. O. L. Such alteration is a matter within the court’s discretion which will not be reviewed except for an abuse thereof: Ridings v. Marion Co., 50 Or. 30 (91 Pac. 22); Beard v. Royal Neighbors of…
2Cases cited17 opinions
- Davis Coal Co. v. PollandIndiana Supreme Court · 1902
- Monteith v. Kokomo Wood Enameling Co.Indiana Supreme Court · 1902
- State v. ColeSupreme Court of Iowa · 1883
- Swift v. MulkeyOregon Supreme Court · 1886
- Dorn v. Clarke-Woodward Drug Co.Oregon Supreme Court · 1913
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3Cited by15 opinions
- Bramwell v. RowlandOregon Supreme Court · 1927
- State v. MerloOregon Supreme Court · 1919
- BURNETT v. HatchOregon Supreme Court · 1954
- State v. GauthierOregon Supreme Court · 1925
- Donaghy v. Oregon-Washington R. & Nav. Co.Oregon Supreme Court · 1930
10 more not listed; retrieve them via the Exa API.