Legal Opinion

Sullivan v. Wakefield

Oregon Supreme Court

Decided August 1, 1911PublishedCited by 10 opinions

From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice Burnett. This is an action by Annie P. Sullivan, administratrix of the estate of William H. Sullivan, deceased, against Robert Wakefield and William Jacobsen, partners under the firm name and style of Wakefield & Jacobsen, for injuries resulting in the death of plaintiff’s intestate.

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From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice Burnett. This is an action by Annie P. Sullivan, administratrix of the estate of William H. Sullivan, deceased, against Robert Wakefield and William Jacobsen, partners under the firm name and style of Wakefield & Jacobsen, for injuries resulting in the death of plaintiff’s intestate. The complaint charges in substance that on April 11, 1909, the plaintiff’s intestate was working as a carpenter in the city of Portland, when a pole about 15 inches in diameter and 18 feet in length, and standing on end, leaning against a…

1Opinion of the CourtJustice Burnett

The testimony tends to show that a firm, known as Bingham & McClelland, as original contractors, were engaged in the construction of a building on a block in Portland on the east side of the Willamette River. They had excavated for the basement, leaving the sidewalk on the east side of the premises at a height of about 15 feet above the ground floor. At this stage of the work, it became necessary to drive piling into the earth at the margin of the basement, upon which to rest a foundation. Each pile was driven down flush with the surface of the ground, and the pole in question was then placed…

2Cases cited5 opinions

  1. Knahtla v. Oregon Short Line, etc., Ry. Co.Oregon Supreme Court · 1891
  2. St. Louis, Iron Mountain & Southern Railway Co. v. DupreeSupreme Court of Arkansas · 1907
  3. Lieuallen v. MosgroveOregon Supreme Court · 1898
  4. Aldrich v. Columbia Railway Co.Oregon Supreme Court · 1901
  5. L. & N. R. R. v. LumpkinCourt of Appeals of Kentucky · 1910

3Cited by10 opinions

  1. Herzog v. MittlemanOregon Supreme Court · 1937
  2. Watts v. Spokane, P. & S. Ry. Co.Oregon Supreme Court · 1918
  3. Delovage v. Old Oregon Creamery Co.Oregon Supreme Court · 1915
  4. Domurat v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1913
  5. Caraduc v. Schanen-Blair Co.Oregon Supreme Court · 1913

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