Susznik v. Alger Logging Co.
Oregon Supreme Court
From Multnomah: Thomas J. Cleeton, Judge. In Banc. Statement by Mr. Justice Benson. This is an action for damages resulting from personal injuries. On the 25th day of August, 1913, plaintiff applied to the Evans Employment Company, of Portland, under the name of Joe Wagner, for a job as a “wood buck” or wood-chopper.
Read the full summary
From Multnomah: Thomas J. Cleeton, Judge. In Banc. Statement by Mr. Justice Benson. This is an action for damages resulting from personal injuries. On the 25th day of August, 1913, plaintiff applied to the Evans Employment Company, of Portland, under the name of Joe Wagner, for a job as a “wood buck” or wood-chopper. He was given what is referred to in the testimony as a “ticket” or “employment ticket,” which appeared upon the face to be a contract between plaintiff and the employment bureau, whereby the latter was to find employment or refund the fee of $1 which plaintiff paid therefor. This…
1Opinion of the CourtJustice Benson
There are some 35 assignments of error which we shall consider as far as necessary to a determination of the case.
1, 2. The first of these is that the trial court erred in requiring the defendant to elect between its affirmative defenses upon the ground of inconsistency. This court has frequently passed upon the question here presented, and the rule is quite clearly expressed *195by Mr. Chief Justice Thayer in the case of McDonald v. American Mortgage Co., 17 Or. 633 (21 Pac. 886), when he says:
“The rule, as I understand it, in regard to inconsistent defenses, is that defenses are not…
2Cases cited4 opinions
- Putnam v. Pacific Monthly Co.Oregon Supreme Court · 1913
- Edlefson v. Portland Ry., Light & Power Co.Oregon Supreme Court · 1913
- McDonald v. American Mortgage Co.Oregon Supreme Court · 1889
- A. Fenkhausen & Co. v. FellowsNevada Supreme Court · 1889
3Cited by17 opinions
- Brady v. Oregon Lumber Co.Oregon Supreme Court · 1925
- Conwill v. EldridgeSupreme Court of Oklahoma · 1918
- Pruett v. LININGEROregon Supreme Court · 1960
- Larson v. Independent School District No. 11JIdaho Supreme Court · 1933
- Wells v. Clark & Wilson Lbr. Co.Oregon Supreme Court · 1925
12 more not listed; retrieve them via the Exa API.