Miami Quarry Co. v. Seaborg Packing Co.
Oregon Supreme Court
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.
Read the full summary
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
- Glenn v. SavageOregon Supreme Court · 1887
- Brown v. O.-W. R. & N. Co.Oregon Supreme Court · 1912
- Hartvig v. N. P. L. Co.Oregon Supreme Court · 1890
- Wallace v. Suburban Railway Co.Oregon Supreme Court · 1894
- Bowen v. ClarkeOregon Supreme Court · 1892
17 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Fazzolari v. Portland School District No. 1JOregon Supreme Court · 1987
- Martin v. Oregon Stages, Inc.Oregon Supreme Court · 1929
- Nielsen v. BrownOregon Supreme Court · 1962
- Godvig v. LopezOregon Supreme Court · 1949
- Silver Falls Timber Co. v. Eastern & Western Lumber Co.Oregon Supreme Court · 1934
22 more not listed; retrieve them via the Exa API.