Kelly v. Lewis Inv. Co.
Oregon Supreme Court
From Multnomah.: William L. Bradshaw, Judge. Statement by Mr. Justice Moore. This is an action by Elizabeth Kelly against the Lewis Investment Company to recover damages for a personal injury.
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From Multnomah.: William L. Bradshaw, Judge. Statement by Mr. Justice Moore. This is an action by Elizabeth Kelly against the Lewis Investment Company to recover damages for a personal injury. The complaint charged in effect that the defendant is a corporation; that it owns in Portland, Oregon, a 10-story building, having on each floor rooms which it leases, and for the accommodation of its tenants and persons dealing with or calling upon them it maintains and operates a passenger elevator; that on August 8, 1911, the plaintiff was employed by one of such tenants, and with others occupied a…
1Opinion of the CourtJustice Mooee
1. It is contended that an error was committed in refusing to grant a judgment of nonsuit. It is insisted by plaintiff’s counsel, however, that sufficient evidence of the cause and extent of the injury and of the circumstances legitimately indicating the origin *4of the hurt was received to entitle their client to an application of the maxim res ipsa loquitur, which legal precept afforded adequate proof of the want of due care, thereby authorizing the jury to deduce the conclusion from- such prima facie case that the harm complained of was caused by the defendant’s negligence, and requiring…
2Cases cited25 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Treadwell v. WhittierCalifornia Supreme Court · 1889
- State v. McDanielOregon Supreme Court · 1901
- Esberg Cigar Co. v. City of PortlandOregon Supreme Court · 1899
- Springer v. FordIllinois Supreme Court · 1901
20 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Veterans' Welfare Board v. JordanCalifornia Supreme Court · 1922
- Warner v. SynnesOregon Supreme Court · 1924
- Suko v. Northwestern Ice & Cold Storage Co.Oregon Supreme Court · 1941
- Carruthers v. PhillipsOregon Supreme Court · 1942
- Asheim v. FaheyOregon Supreme Court · 1943
9 more not listed; retrieve them via the Exa API.