Legal Opinion

Poole v. Tilford

Oregon Supreme Court

Decided March 8, 1921PublishedCited by 20 opinions

From Multnomah: Harry H„ Belt, Judge. Department 2. Plaintiff instituted this action against the defendants to recover damages for a personal injury-alleged to have resulted from negligence of the defendants in not providing a head-stop for the ele-vator on the first floor of the Tilford Building, a five-story office building situated at the northwest corner of Tenth and Morrison Streets, Portland, Oregon, of which building the defendants are owners.

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From Multnomah: Harry H„ Belt, Judge. Department 2. Plaintiff instituted this action against the defendants to recover damages for a personal injury-alleged to have resulted from negligence of the defendants in not providing a head-stop for the ele-vator on the first floor of the Tilford Building, a five-story office building situated at the northwest corner of Tenth and Morrison Streets, Portland, Oregon, of which building the defendants are owners. It is alleged that on January 24, 1919, at the time of the injuries complained of, and for a period of about two years prior thereto, the…

1Opinion of the CourtBean, J.

1, 2. The motion for a nonsuit and one for a directed verdict raise the same question. It is contended by counsel for defendants that at the time of the injury plaintiff was acting outside of the scope of his employment and that defendants’ request should have been granted. This is claimed on account of the fact that immediately before the accident plaintiff went across the street to mail his letter. The jury could reasonably conclude from the testimony that, although Poole was acting for himself in going to mail a letter, when he returned and took up his duties he was engaged in the…

2Cases cited13 opinions

  1. Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
  2. Malloy v. Marshall-Wells Hardware Co.Oregon Supreme Court · 1918
  3. Colorado Mortgage & Investment Co. v. ReesSupreme Court of Colorado · 1895
  4. Camenzind v. Freeland Furniture Co.Oregon Supreme Court · 1918
  5. Colorado Mortgage & Investment Co. v. GiacominiSupreme Court of Colorado · 1913

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3Cited by20 opinions

  1. Eitel v. Times, Inc.Oregon Supreme Court · 1960
  2. Shelton v. LOWELLOregon Supreme Court · 1952
  3. Mollencop v. City of SalemOregon Supreme Court · 1932
  4. Freeman v. Wentworth & Irwin, Inc.Oregon Supreme Court · 1932
  5. Splinter v. City of NampaIdaho Supreme Court · 1950

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