Duff v. Willamette Steel Works
Oregon Supreme Court
From Multnomah: Arthur L. Frazer, Judge. Statement by Mr. Justice Bean. Action by M. L. Duff, as administrator of James Duff, deceased, against the Willamette Iron & SteelWorks. This is an action to recover damages for the death of plaintiff’s intestate, alleged to have been caused by the negligence of the defendant. The defendant is the owner of a foundry and machine shop in Portland, and has in connection therewith a blacksmith shop, in which are five or six forges.
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From Multnomah: Arthur L. Frazer, Judge. Statement by Mr. Justice Bean. Action by M. L. Duff, as administrator of James Duff, deceased, against the Willamette Iron & SteelWorks. This is an action to recover damages for the death of plaintiff’s intestate, alleged to have been caused by the negligence of the defendant. The defendant is the owner of a foundry and machine shop in Portland, and has in connection therewith a blacksmith shop, in which are five or six forges. At the time of the accident E. W. Jones was the general foreman of the defendant; John Hylander was a blacksmith in its employ…
1Opinion of the CourtJustice Bean
Several points are made in the brief, and were urged at the argument, which are all grounded substantially on the contention that the court erred in instructing the jury that Hylander was a fellow servant of the deceased, and that plaintiff could not recover if the accident was caused by the negligence of Hylander. The question thus raised involves two inquiries : (1) Was Hylander in fact a fellow servant of the deceased ? (2) Is the defense that the injury was the result of a fellow servant’s negligence available to the defendant unless pleaded ?
1. At the time of the accident, Hylander and…
2Cases cited25 opinions
- Sayward v. CarlsonWashington Supreme Court · 1890
- Anderson v. BennettOregon Supreme Court · 1888
- Buchtel v. EvansOregon Supreme Court · 1891
- Wilson v. Charleston & Savannah Ry.Supreme Court of South Carolina · 1897
- Grant v. BakerOregon Supreme Court · 1885
20 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Multnomah County v. Willamette Towing Co.Oregon Supreme Court · 1907
- Louisville & Nashville Railroad v. ChambleeSupreme Court of Alabama · 1910
- Longpre v. Big Blackfoot Milling Co.Montana Supreme Court · 1909
- Springer v. JenkinsOregon Supreme Court · 1906
- Millen v. Pacific Bridge Co.Oregon Supreme Court · 1908
4 more not listed; retrieve them via the Exa API.