Dibert v. Giebisch
Oregon Supreme Court
From Multnomah: John S. Coke, Judge. Department 1. Statement by Mr. Justice Moore. This is an action by G. I. Dibert against Anton Giebisch and Ferdinand Joplin, partners as Giebisch & Joplin, to recover damages for a personal injury.
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From Multnomah: John S. Coke, Judge. Department 1. Statement by Mr. Justice Moore. This is an action by G. I. Dibert against Anton Giebisch and Ferdinand Joplin, partners as Giebisch & Joplin, to recover damages for a personal injury. The defendants, on February 10, 1913, entered into a written contract with W. W. Vensel, whereby they stipulated to furnish all the labor and material necessary to clear and grub for him about 50 acres of land near Mosier, Oregon, for which service they were to receive $150 per acre. The plaintiff was engaged by an employment agency in Portland to assist in the…
1Opinion of the CourtJustice Moore
It is maintained that no competent evidence was received tending to establish the relation of master and servant between the defendants and the plaintiff at the time he was hurt, and, this being so, errors were committed in denying a motion for a judgment of nonsuit and in refusing to direct a verdict for the defendants. The plaintiff testified that about five days after he was hurt the defendant Joplin, in company with Thompson, visited him in a hospital at The Dalles, Oregon, where he was taken after the injury, and Joplin there stated to the witness that he was a member of the firm for…
2Cases cited8 opinions
- De Sandro v. Missoula Light & Water Co.Montana Supreme Court · 1913
- Nelson v. American Cement Plaster Co.Supreme Court of Kansas · 1911
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- Capehardt v. MurtaMissouri Court of Appeals · 1912
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- Estes v. Anderson Oil Co.Indiana Court of Appeals · 1931
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