Thomas v. Herrall
Oregon Supreme Court
Appeal from the circuit court for Multnomah county. The plaintiff brought this action to recover $7,000 damages for injuries alleged to have been received through the negligence of a servant of the defendants, and she recovered a verdict and judgment for $118. The complaint, amongst other things, alleges that on the thirty-first day of May, 1889, the defendants were engaged in delivering beer from place to place in the city of Portland with horses and wagons by their agents…
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Appeal from the circuit court for Multnomah county. The plaintiff brought this action to recover $7,000 damages for injuries alleged to have been received through the negligence of a servant of the defendants, and she recovered a verdict and judgment for $118. The complaint, amongst other things, alleges that on the thirty-first day of May, 1889, the defendants were engaged in delivering beer from place to place in the city of Portland with horses and wagons by their agents and servants, and that they so recklessly, carelessly and negligently managed and drove one of said wagons and the two…
1Opinion of the CourtStrahan, J.
The defendants moved to strike out of the complaint the words included in parentheses immediately following the name Joe F. Beier, to-wit: “Who was then and there a careless, negligent and unskillful driver.” It is the master’s duty to use due care, that is, ordinary care, *548in employing servants of sufficient care and skill to discharge the duties of their service. Sherman and Redfield on Neg., § 90. And the mere fact of the incompetency for the work upon which he was employed is not enough to warrant a jury in finding a master guilty of negligence in employing him. Sherman and Redf. on Neg.,…
2Cases cited5 opinions
- Insurance Co. v. MosleySupreme Court of the United States · 1869
- Quaife v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- Sullivan v. Oregon Railway & Navigation Co.Oregon Supreme Court · 1885
- Hatch v. FullerMassachusetts Supreme Judicial Court · 1881
- Bridge v. City of OshkoshWisconsin Supreme Court · 1888
3Cited by9 opinions
- State v. FarnamOregon Supreme Court · 1916
- Yumet & Co. v. DelgadoCourt of Appeals for the First Circuit · 1917
- Derrick v. Portland Eye, Ear, Nose & Throat HospitalOregon Supreme Court · 1922
- Fredenthal v. BrownOregon Supreme Court · 1908
- Statts v. Twohy Bros.Oregon Supreme Court · 1912
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