Legal Opinion

Kahn v. Home Telephone & Telegraph Co.

Oregon Supreme Court

Decided October 19, 1915PublishedCited by 14 opinions

From Multnomah: David R. Parker, Judge. Statement by Mr. Justice McBride. This is an action by J. C. Kahn against the Home Telephone & Telegraph Company, a corporation, to recover damages for personal injuries.

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From Multnomah: David R. Parker, Judge. Statement by Mr. Justice McBride. This is an action by J. C. Kahn against the Home Telephone & Telegraph Company, a corporation, to recover damages for personal injuries. The testimony on behalf of plaintiff tended to show that, while attempting to board a street-car at the corner of First and Morrison Streets, in Portland, he was run against and injured by an auto truck owned by defendant and driven by defendant’s chauffeur; that there were two other employees of defendant in the truck at the time, and that it also contained a quantity of wire and…

1Opinion of the CourtJustice McBride

Only two questions are presented on this appeal; the first being as to the sufficiency of the testimony to justify a verdict for plaintiff, and the second, the strictures of plaintiff’s counsel during the argument.

1. It is clearly shown that the defendant was the owner of the automobile; that the driver was a person regularly employed by it to drive it, and that the accident happened through his negligence. These facts being shown, the plaintiff contended in the court below, and contends here, that a presumption arose that the driver was using the automobile in the company’s business, which…

2Cases cited19 opinions

  1. Birch v. AbercrombieWashington Supreme Court · 1913
  2. Norris v. . KohlerNew York Court of Appeals · 1869
  3. Moon v. MatthewsSupreme Court of Pennsylvania · 1910
  4. Baldwin v. AbrahamAppellate Division of the Supreme Court of the State of New York · 1901
  5. Edgeworth v. WoodSupreme Court of New Jersey · 1896

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

3Cited by14 opinions

  1. Judson v. Bee Hive Auto Service Co.Oregon Supreme Court · 1930
  2. West v. KernOregon Supreme Court · 1918
  3. Foster v. FarraOregon Supreme Court · 1926
  4. Gordon v. Texas & Pacific Mercantile & Mfg. Co.Court of Appeals of Texas · 1916
  5. Bunnell v. PareliusOregon Supreme Court · 1941

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

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