Foster v. University Lumber Co.
Oregon Supreme Court
From Multnomah: John P. Kavanaugh, Judge. Statement by Mr. Chief Justice McBride. This is an action by Charles L. Foster against the University Lumber and Shingle Company, a corporation, to recover for personal injuries sustained by plaintiff. The complaint alleges, in substance: That plaintiff was employed by defendant as a sawyer in its shingle-mill.
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From Multnomah: John P. Kavanaugh, Judge. Statement by Mr. Chief Justice McBride. This is an action by Charles L. Foster against the University Lumber and Shingle Company, a corporation, to recover for personal injuries sustained by plaintiff. The complaint alleges, in substance: That plaintiff was employed by defendant as a sawyer in its shingle-mill. That defendant had placed in its mill a jointer saw, and had constructed and placed over and above the saw a guard for the purpose of preventing injury to the employees in and about the mill, and to prevent injury to the person by reason of…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
1. The first question arises upon the validity of the release executed by plaintiff. By the provisions of Article VII, Section 3 of the Constitution, as amended November 8, 1910 (see Laws 1911, p. 7), if there is any evidence to support the verdict, we are bound by the finding of the jury, and therefore we are to a great extent bound by the testimony of plaintiff upon this point.
This testimony is substantially that one Porteous, the night foreman of the mill, visited him shortly after the accident, identified himself as a brother in the same secret order,…
2Cases cited13 opinions
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Columbia & Puget Sound Railroad v. HawthorneSupreme Court of the United States · 1892
- Christianson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1896
- Olston v. Oregon Water Power & Ry. Co.Oregon Supreme Court · 1908
- Doyle v. Missouri, Kansas & Texas Trust Co.Supreme Court of Missouri · 1897
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3Cited by20 opinions
- Rich v. Tite-Knot Pine MillOregon Supreme Court · 1966
- Zenier v. Spokane International Railroad CompanyIdaho Supreme Court · 1956
- Williams v. Portland General Electric Co.Oregon Supreme Court · 1952
- Woods v. WikstromOregon Supreme Court · 1913
- Whitehead v. Montgomery Ward & Co., Inc.Oregon Supreme Court · 1951
15 more not listed; retrieve them via the Exa API.