Legal Opinion

Malpica v. Cannery Supply Co.

Oregon Supreme Court

Decided February 10, 1920PublishedCited by 7 opinions

From Multnomah: Calvin U. G-antenbein, Judge. Department 2. The defendant is an Oregon corporation engaged in the business of canning salmon and storing and transporting salmon cans in boxes to Nushagak, Alaska. On March 30, 1918, the plaintiff entered the employ of the defendant for the fishing season of that year, for which he was to receive $240 and his board. He was injured through the falling of certain staging and scaffolding in and about which he was employed.

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From Multnomah: Calvin U. G-antenbein, Judge. Department 2. The defendant is an Oregon corporation engaged in the business of canning salmon and storing and transporting salmon cans in boxes to Nushagak, Alaska. On March 30, 1918, the plaintiff entered the employ of the defendant for the fishing season of that year, for which he was to receive $240 and his board. He was injured through the falling of certain staging and scaffolding in and about which he was employed. The complaint charges that “defendant carelessly and negligently directed plaintiff to work in an unsafe place and carelessly…

1Opinion of the CourtJohns, J.

In legal effect the defendant now admits its liability, but contends there is no testimony to sustain a verdict against it for $12,000.

*246On motion of the defendant, the plaintiff voluntarily submitted to a physical examination, and X-rays of his injuries were taken, photographs of which were introduced in evidence. The defendant did not offer any expert testimony, and there was only one surg’eon called as a witness for the plaintiff. He testified that his examination showed that the plaintiff had a com-minuted fracture of both the ulna .and the radius in his right arm; that the bones were…

2Cases cited1 opinion

  1. Hoag v. Washington-Oregon Corp.Oregon Supreme Court · 1914

3Cited by7 opinions

  1. Lakin v. Senco Products, Inc.Oregon Supreme Court · 1999
  2. Van Lom v. SchneidermanOregon Supreme Court · 1949
  3. Tenold v. Weyerhaeuser Co.Court of Appeals of Oregon · 1994
  4. Emmons v. SkaggsOregon Supreme Court · 1931
  5. Mitchell v. Southern Pacific Co.Oregon Supreme Court · 1922

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