Legal Opinion

Ashmun v. Nichols

Oregon Supreme Court

Decided February 4, 1919Published

From Multnomah: William' L. Bradshaw, Judge. Department 2. Plaintiff alleges that the defendant was the owner of Lot 1, Block 182, in the City of Portland; that in December, 1918, she made an oral lease thereof and of the dwelling-house thereon, at a monthly rental of $25; that the defendant promised and agreed to make certain repairs on the premises and to keep them in good condition; that on October 9, 1916, while in possession of the premises under such verbal lease,…

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From Multnomah: William' L. Bradshaw, Judge. Department 2. Plaintiff alleges that the defendant was the owner of Lot 1, Block 182, in the City of Portland; that in December, 1918, she made an oral lease thereof and of the dwelling-house thereon, at a monthly rental of $25; that the defendant promised and agreed to make certain repairs on the premises and to keep them in good condition; that on October 9, 1916, while in possession of the premises under such verbal lease, plaintiff undertook to go down the stairway leading from the first floor of the building into the basement, for the purpose…

1Opinion

*232Former opinion adhered to and judgment affirmed April 29, 1919.

On Rehearing.

(180 Pac. 510.)

In Banc.

This cause of action arose out of injuries received by the plaintiff, caused by the giving way of the basement steps in a house which she was renting from the defendant, precipitating her to the basement floor, and wounding her more or less seriously upon projecting nails.

The case has been once heard in Department No. 2, and now comes up for rehearing before the full court.

Former Opinion Adhered to.

On rehearing, for appellant there was a brief over the name of Messrs. Flegel, Reynolds & Flegel,…

2Cases cited9 opinions

  1. Rich v. New York Central & Hudson River RailroadNew York Court of Appeals · 1882
  2. Hayes v. Massachusetts Mutual Life InsuranceIllinois Supreme Court · 1888
  3. Mesher v. OsborneWashington Supreme Court · 1913
  4. Kelley v. HighfieldOregon Supreme Court · 1887
  5. Rhobidas v. ConcordSupreme Court of New Hampshire · 1899

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