Legal Opinion

Olsen v. Silverton Lumber Co.

Oregon Supreme Court

Decided October 7, 1913PublishedCited by 10 opinions

From Marion: Percy R. Kelly, Judge. Department 2. Statement by Mr. Chief Justice McBride. This is an action by Alfred Olsen against the Silverton Lumber Company, a corporation, to recover damages for personal injuries.

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From Marion: Percy R. Kelly, Judge. Department 2. Statement by Mr. Chief Justice McBride. This is an action by Alfred Olsen against the Silverton Lumber Company, a corporation, to recover damages for personal injuries. The plaintiff was a hook-tender in defendant’s logging camp near Silver-ton, and the circumstances of the injury are set forth in the complaint as follows: “That in prosecuting said work at said logging camp of the defendant a donkey-engine was used, which on the 2d day of February, 1910-, was stationed about 1,800 feet from where the logs were being brought from the timber…

1Opinion of the Court

Opinion by

Mr. Chief Justice McBride.

1. The complaint is not so definite as it should have been made in regard to the details of the negligent acts or omissions of defendant, which it is claimed brought about the injuries suffered by plaintiff; but, taking it as a whole, we think it sufficiently appears that it was plaintiff’s intention to predicate his right to recover upon, first, the failure of defendant to furnish a suitable signal wire, and, second, upon its employing an incompetent signalman. In the absence of a demurrer, or a motion to make more definite and certain, or a *176motion to…

2Cited by10 opinions

  1. Miami Quarry Co. v. Seaborg Packing Co.Oregon Supreme Court · 1922
  2. Askay v. MaloneyOregon Supreme Court · 1917
  3. Adams v. Corvallis & E. R. Co.Oregon Supreme Court · 1915
  4. Moe v. Jolly Joan and HowserOregon Supreme Court · 1965
  5. Adskim v. Oregon-Washington Railroad & Navigation Co.Oregon Supreme Court · 1929

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