Legal Opinion

Heiser v. Shasta Water Co.

Oregon Supreme Court

Decided July 21, 1914PublishedCited by 10 opinions

From Multnomah: John P. Kavanaugh, Judge. Department 2. Statement by Mr. Chiee Justice McBride. This is an action by Louis Heiser, by Nick Heiser, his guardian ad litem and natural guardian, against the Shasta Water Company, a corporation, for personal injuries, and is brought under Section 1 of the Initiative Act of 1910 (Laws 1911, c. 3), which provides, among other things: “All owners, contractors or subcontractors and other persons having charge of, or responsible for,…

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From Multnomah: John P. Kavanaugh, Judge. Department 2. Statement by Mr. Chiee Justice McBride. This is an action by Louis Heiser, by Nick Heiser, his guardian ad litem and natural guardian, against the Shasta Water Company, a corporation, for personal injuries, and is brought under Section 1 of the Initiative Act of 1910 (Laws 1911, c. 3), which provides, among other things: “All owners, contractors or subcontractors and other persons having charge of, or responsible for, any work involving a risk or danger to the employees or the public, shall use every device, care and precaution which it…

1Opinion of the Court

*569Opinion by

Mr. Chief Justice McBride.

1. It is contended that the evidence offered by plaintiff does not correspond to the allegation of damages in his complaint, and is insufficient to bring the injury shown within the purview of the statute. The allegation, in substance, is: First, that plaintiff was engaged in filling siphon bottles; and, second that he was injured by the explosion of one of the bottles then being filled. The evidence tended to show that plaintiff was engaged in filling at a machine used for that purpose, that as fast as the bottles were filled they were placed on a tray by…

2Cases cited3 opinions

  1. Dorn v. Clarke-Woodward Drug Co.Oregon Supreme Court · 1913
  2. Love v. Chambers Lumber Co.Oregon Supreme Court · 1913
  3. Hill v. SaugestedOregon Supreme Court · 1908

3Cited by10 opinions

  1. Camenzind v. Freeland Furniture Co.Oregon Supreme Court · 1918
  2. Marks v. Columbia County Lumber Co.Oregon Supreme Court · 1915
  3. Yovovich v. Falls City Lumber Co.Oregon Supreme Court · 1915
  4. Union Oil Co. v. HuntCourt of Appeals for the Ninth Circuit · 1940
  5. Nielsen v. Portland Gas & Coke Co.Oregon Supreme Court · 1915

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