Magone v. Portland Mfg. Co.
Oregon Supreme Court
From Multnomah: Alfred F. Sears, Judge. Statement by Mr. Justice Eakin. Plaintiff, by his guardian ad litem, brought this action to recover damages for personal injuries. From a judgment for plaintiff, defendant appeals. Defendant is a corporation operating a mill at St. Johns, Or., for the manufacture of the material for boxes, baskets, furniture, etc, by the use of various machines operated by steam power.
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From Multnomah: Alfred F. Sears, Judge. Statement by Mr. Justice Eakin. Plaintiff, by his guardian ad litem, brought this action to recover damages for personal injuries. From a judgment for plaintiff, defendant appeals. Defendant is a corporation operating a mill at St. Johns, Or., for the manufacture of the material for boxes, baskets, furniture, etc, by the use of various machines operated by steam power. The particular machine by which plaintiff was injured consists of two stationary knives set opposite each other, with the edges downward, about 18 inches long and 6 inches apart, to cut…
1Opinion of the CourtJustice Eakin
The negligence of the defendant, alleged and relied upon by the plaintiff as the basis of recovery, is that the defendant carelessly and negligently failed and neglected to caution or warn plaintiff of the dangerous character of the said machine, and by reason of plaintiff’s immaturity and inexperience he did not comprehend or appreciate the danger, and this is denied by the answer. And it further sets up the affirmative defense of contributory negligence that plaintiff knew of the danger, and that *25the injury was the result of want of care on the part of himself or of a fellow servant. Upon…
2Cases cited12 opinions
- Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
- Dowling v. Gerard B. Allen & Co.Supreme Court of Missouri · 1881
- Johnston v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1892
- Macdonald v. O'ReillyOregon Supreme Court · 1904
- Roth v. Northern Pacific Lumbering Co.Oregon Supreme Court · 1889
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Mickel v. Haines Enterprises, Inc.Oregon Supreme Court · 1965
- Parker v. NortonOregon Supreme Court · 1933
- Kopacin v. Crown-Columbia Pulp & Paper Co.Oregon Supreme Court · 1912
- Nelson v. St. Helens Timber Co.Oregon Supreme Court · 1913
- Mickel v. Haines Enterprises, Inc.Oregon Supreme Court · 1965
1 more not listed; retrieve them via the Exa API.