Schulte v. Pacific Paper Co.
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice Eakin. This is an action by Francis Schulte against the Pacific Paper Company, a corporation, to recover for personal injuries.
Read the full summary
From Multnomah: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice Eakin. This is an action by Francis Schulte against the Pacific Paper Company, a corporation, to recover for personal injuries. Plaintiff alleges that defendant was occupying a six-story building in which plaintiff was employed by it and in which an automatic electric elevator was used by the defendant and its employees for conveying merchandise from one floor to another; that the elevator shaft on the fifth floor was inclosed on one side by the brick wall of the building and on the other three sides by a railing…
1Opinion of the CourtJustice Eakin
1. The principal contention in this case arises from the fact that by the instructions the court submitted to the jury the question whether or not the action is one under the initiative act adopted by the people in November, 1910, known as the employers’ liability act (Laws 1911, p. 16), or under the common-law liability. The evidence required and admissible under the common-law liability and the application of it is very different from that under the statute. To determine whether the action is to be tried and decided under the one or the other was a law question to be decided by the court,…
2Cases cited7 opinions
- Caspar v. LewinSupreme Court of Kansas · 1910
- Lore v. American Manufacturing Co.Supreme Court of Missouri · 1901
- Ex parte JermanOregon Supreme Court · 1910
- Mast v. KernOregon Supreme Court · 1898
- Bair v. HeibelMissouri Court of Appeals · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Hoag v. Washington-Oregon Corp.Oregon Supreme Court · 1914
- Hoffman v. Broadway HazelwoodOregon Supreme Court · 1932
- McClaugherty v. Rogue River Electric Co.Oregon Supreme Court · 1914
- Yovovich v. Falls City Lumber Co.Oregon Supreme Court · 1915
- Poole v. TilfordOregon Supreme Court · 1921
18 more not listed; retrieve them via the Exa API.