Legal Opinion

Miami Quarry Co. v. Seaborg Packing Co.

Oregon Supreme Court

Decided February 21, 1922PublishedCited by 27 opinions

From Multnomah: W. N. Gatens, Judge. Department 2. This is an action to recover damages upon account of the alleged negligence of the defendant, resulting in injury to a jetty that plaintiff was constructing and the loss of a pile-driver owned by plaintiff. Plaintiff recovered a verdict and judgment in the Circuit Court. Defendant appeals. A statement of the facts disclosed by the evidence follows.

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From Multnomah: W. N. Gatens, Judge. Department 2. This is an action to recover damages upon account of the alleged negligence of the defendant, resulting in injury to a jetty that plaintiff was constructing and the loss of a pile-driver owned by plaintiff. Plaintiff recovered a verdict and judgment in the Circuit Court. Defendant appeals. A statement of the facts disclosed by the evidence follows. Defendant owned a barge, 157.7 feet in length, with a beam of 30.7 feet, which was furnished with machinery, equipment and supplies that made it available for use as a floating fish cannery. About…

1Opinion of the CourtMoCOURT, J.

— The first question presented by this appeal arises upon the refusal of the court (a) to grant a nonsuit, and (b) to direct a verdict in favor of the defendant, in response to motions seasonably made by defendant therefor.

Defendant contends that the omissions of which plaintiff complains were not the proximate cause of *370the injury for which plaintiff seeks damage. In support of this contention, defendant argues that the injury complained of could not have been foreseen or reasonably anticipated by a person of ordinary foresight and prudence, happening as it did, after the barge had floated…

2Cases cited22 opinions

  1. Glenn v. SavageOregon Supreme Court · 1887
  2. Brown v. O.-W. R. & N. Co.Oregon Supreme Court · 1912
  3. Hartvig v. N. P. L. Co.Oregon Supreme Court · 1890
  4. Wallace v. Suburban Railway Co.Oregon Supreme Court · 1894
  5. Bowen v. ClarkeOregon Supreme Court · 1892

17 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Fazzolari v. Portland School District No. 1JOregon Supreme Court · 1987
  2. Martin v. Oregon Stages, Inc.Oregon Supreme Court · 1929
  3. Nielsen v. BrownOregon Supreme Court · 1962
  4. Godvig v. LopezOregon Supreme Court · 1949
  5. Silver Falls Timber Co. v. Eastern & Western Lumber Co.Oregon Supreme Court · 1934

22 more not listed; retrieve them via the Exa API.

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