Marks v. Columbia County Lumber Co.
Oregon Supreme Court
From Columbia: James W. Campbell, Judge. Statement by Mr. Justice Burnett. This is an action by J. F. Marks against the Columbia County Lumber Company, a corporation.
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From Columbia: James W. Campbell, Judge. Statement by Mr. Justice Burnett. This is an action by J. F. Marks against the Columbia County Lumber Company, a corporation. The substance of the complaint is that the plaintiff was engaged in the employ of the defendant as a common laborer handling lumber about its sawmill in Columbia County; that on January 12, 1914, by direction of the foreman of the lumber-yard, to whose orders the plaintiff was subject, the latter was sent to drive a horse owned by the defendant and used to haul trucks loaded with lumber to be piled on and about a dock upon the…
1Opinion of the CourtJustice Burnett
1. The first assignment of error is to the effect that the court erred in permitting several witnesses to testify about the acts and conduct of the horse in question after the accident happened. In treating of this subject, the rule is thus stated in Kennon v. Gilmer, 131 U. S. 22, 25 (33 L. Ed. 110, 9 Sup. Ct. Rep. 696, 697):
“But evidence of subsequent misbehavior of the horse might properly be admitted, in connection with evidence of his misbehavior at and before the time of the accident, as tending to prove a vicious disposition and fixed habit, and to support the plaintiff’s allegation…
2Cases cited11 opinions
- Kennon v. GilmerSupreme Court of the United States · 1889
- Dorn v. Clarke-Woodward Drug Co.Oregon Supreme Court · 1913
- Love v. Chambers Lumber Co.Oregon Supreme Court · 1913
- Hill v. SaugestedOregon Supreme Court · 1908
- Dunn v. Orchard Land Co.Oregon Supreme Court · 1913
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Hansen v. Oregon-Wash. R. & N. Co.Oregon Supreme Court · 1920
- Yundt v. D & D BOWL, INC.Oregon Supreme Court · 1971
- Guedon v. RooneyOregon Supreme Court · 1938
- Lehman v. KnottOregon Supreme Court · 1921
- Wallace v. American Life InsuranceOregon Supreme Court · 1924
17 more not listed; retrieve them via the Exa API.