Tabor v. Coin Machine Mfg. Co.
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. Action by H. E. Tabor against the Coin Machine Manufacturing Company, a corporation, to recover damages for an alleged personal injury. From a verdict and judgment in favor of plaintiff, defendant appealed. Reversed and remanded for a new trial. Department 1. Statement by Mr. Justice Benson.
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From Multnomah: George N. Davis, Judge. Action by H. E. Tabor against the Coin Machine Manufacturing Company, a corporation, to recover damages for an alleged personal injury. From a verdict and judgment in favor of plaintiff, defendant appealed. Reversed and remanded for a new trial. Department 1. Statement by Mr. Justice Benson. This is an action for damages for personal injuries alleged to have been received by plaintiff in the course of his employment by reason of the negligence of his employer, the defendant. The substance of the complaint is that plaintiff was engaged in manipulating a…
1Opinion of the CourtJustice Benson
The assignments of error present two questions, both based upon instructions given and refused by the trial court. The first of these involves the charge of the court upon the question of contributory negligence. One instruction was in the following language:
“The defendant in the answer denies that it was negligent in any of the respects claimed by the plaintiff, and claims on the contrary that the injury to the plaintiff, if any, was caused by the sole negligence of the plaintiff himself, and without any negligence on the part of the defendant.
“The defendant then sets up what is known in law…
2Cases cited4 opinions
- Susznik v. Alger Logging Co.Oregon Supreme Court · 1915
- Edlefson v. Portland Ry., Light & Power Co.Oregon Supreme Court · 1913
- Sonniksen v. Hood River Gas & Electric Co.Oregon Supreme Court · 1915
- Nelson v. Brown & McCabeOregon Supreme Court · 1916
3Cited by5 opinions
- Malloy v. Marshall-Wells Hardware Co.Oregon Supreme Court · 1918
- Poole v. TilfordOregon Supreme Court · 1921
- Moe v. AlsopOregon Supreme Court · 1950
- Wallace v. Portland Railway, Light & Power Co.Oregon Supreme Court · 1922
- Donaghy v. Oregon-Washington R. & Nav. Co.Oregon Supreme Court · 1930