Legal Opinion · Concurrence

Bottig v. Polsky

Oregon Supreme Court

Decided October 4, 1921Published

From Multnomah: J. P. Kavanatjgh, Judge. In Banc. Joe Bottig, an employee of Fred Polsky, was injured while loading empty barrels in a boxcar. Bottig sued Polsky and recovered a verdict and judgment for $1,000. On motion of the defendant the trial court set aside the verdict and judgment, and granted a new trial. The plaintiff appealed.

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From Multnomah: J. P. Kavanatjgh, Judge. In Banc. Joe Bottig, an employee of Fred Polsky, was injured while loading empty barrels in a boxcar. Bottig sued Polsky and recovered a verdict and judgment for $1,000. On motion of the defendant the trial court set aside the verdict and judgment, and granted a new trial. The plaintiff appealed. Fred Polsky was a dealer in new and second-hand barrels and kegs and did business under the assumed business name of Panama Cooperage Company. His place of business was on Front Street in Portland. From time to time Polsky shipped barrels by railway. On March…

1ConcurrenceBean, J.

Justice Harris.- — The motion for a new trial was based upon the grounds, (1) insufficiency of the evidence to justify the verdict, and that the same is against law, (2) errors in law occurring at the trial and excepted to by the defendant. Defendant claimed that this was not an action that came under the Employers’ Liability Act. The trial court granted a new trial for the reason that the complaint was insufficient to justify submission of the case to the jury under the Employers’ Liability Act, and that the instructions *551relating to the Employers’ Liability Act were therefore errors.

The…

2Cases cited20 opinions

  1. Bates v. BabcockCalifornia Supreme Court · 1892
  2. Caspar v. LewinSupreme Court of Kansas · 1910
  3. Camenzind v. Freeland Furniture Co.Oregon Supreme Court · 1918
  4. Oregon & Cal. R. R. v. Jackson CountyOregon Supreme Court · 1901
  5. Municipal Security Co. v. Baker CountyOregon Supreme Court · 1901

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