Woodard v. A. F. Coats Lumber Co.
Oregon Supreme Court
From Tillamook: George R. Baglet, Judge. Department 1. The plaintiff and his assignor are fishermen'Operating nets in Hoquarton Slough in Tillamook County, a tributary of Tillamook Bay, where the tide ebbs and flows. The Potter Realty Company was the owner of a barge or scow which it used sometimes for the transportation of fuel oil in bulk and at other times for carrying wood. The Coats Lumber Company had wood for sale at Tillamook, on Hoqnarton Slough.
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From Tillamook: George R. Baglet, Judge. Department 1. The plaintiff and his assignor are fishermen'Operating nets in Hoquarton Slough in Tillamook County, a tributary of Tillamook Bay, where the tide ebbs and flows. The Potter Realty Company was the owner of a barge or scow which it used sometimes for the transportation of fuel oil in bulk and at other times for carrying wood. The Coats Lumber Company had wood for sale at Tillamook, on Hoqnarton Slough. The Potter Realty Company caused the barge to be towed to Tillamook under an arrangement by which the defendant was to load it with wood,…
1Opinion of the CourtBurnett, J.
1. As one ground for nonsuit the defendant urges that the complaint charges a willful, purposeful injury and that there was no evidence to sustain such a charge. It contends that a charge of designed injury is not sustained by proof of mere negligent injury. In our judgment, the complaint is not open to such criticism. No facts are stated.indicating that the injury was intentionally inflicted. Nothing can be predicated in the way of averment on the use of the adverb “willfully.” That is but a statement of a conclusion, and is not justified by the narration of facts contained in the complaint.
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2Cases cited9 opinions
- Sturgis v. BoyerSupreme Court of the United States · 1860
- The Eugene F. MoranSupreme Court of the United States · 1909
- Cushing v. Owners of the Ship John FraserSupreme Court of the United States · 1859
- Giaconi v. City of AstoriaOregon Supreme Court · 1911
- The J. P. DonaldsonSupreme Court of the United States · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Warner v. SynnesOregon Supreme Court · 1924
- Miami Quarry Co. v. Seaborg Packing Co.Oregon Supreme Court · 1922
- Krieger v. DoolittleOregon Supreme Court · 1933