Weeklund v. Southern Oregon Co.
Oregon Supreme Court
Coos county: M. L. Pipes, Judge, Defendant appeals. This is an action to recover damages for negligence. The complaint substantially charges that on the 28th of June, 1889, the defendant did saw and deliver from its said mill twelve extraordinary large timbers of about the size of 20x22 inches and 88 feet long, under the direction of C. F. Lovelace, its foreman and manager, and William Foley, superintendent, and said defendant did, through its said foreman and manager and…
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Coos county: M. L. Pipes, Judge, Defendant appeals. This is an action to recover damages for negligence. The complaint substantially charges that on the 28th of June, 1889, the defendant did saw and deliver from its said mill twelve extraordinary large timbers of about the size of 20x22 inches and 88 feet long, under the direction of C. F. Lovelace, its foreman and manager, and William Foley, superintendent, and said defendant did, through its said foreman and manager and its said superintendent, direct the plaintiff to assist in removing said timbers from the mill carriage on the wharf into…
1Opinion of the Court
Strahan, 0. J.
— An unusual number of exceptions were taken to the instructions given and refused by the court, but the view we have taken of the case renders it unnecessary to examine each exception. The real facts in this case are covered up in a vast amount of unnecessary verbiage, but when relieved of it they are few and plain.
In the spring of 1889 the plaintiff entered the service of the defendant to pile lumber at its sawmill on Coos bay, and the uncontradicted evidence shows that one employed in that capacity, according to the uniform custom of the mills there, also assisted in taking…
2Cases cited5 opinions
- Illinois Central Railroad v. JewellIllinois Supreme Court · 1867
- McGlynn v. BrodieCalifornia Supreme Court · 1866
- Bunt v. Sierra Buttes Gold Min. Co.United States Circuit Court · 1885
- Kielley v. Belcher Silver Min. Co.U.S. Circuit Court for the District of Nevada · 1875
- Loonam v. BrockwayThe Superior Court of New York City · 1864
3Cited by1 opinion
- Anderson v. North Pacific Lumber Co.Oregon Supreme Court · 1891