Stone v. Oregon City Manufacturing Co.
Oregon Supreme Court
Appeal from Clackamas County. Tbis was an action to recover of appellant, a corporation, damages sustained by respondent while engaged in performing certain work in appellant’s woolen mills at Oregon City. The complainant alleges that he was injured in consequence of the negligence of appellant in allowing a portion of the machinery of the mill to be in an unsafe and insecure condition, of which appellant had notice.
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Appeal from Clackamas County. Tbis was an action to recover of appellant, a corporation, damages sustained by respondent while engaged in performing certain work in appellant’s woolen mills at Oregon City. The complainant alleges that he was injured in consequence of the negligence of appellant in allowing a portion of the machinery of the mill to be in an unsafe and insecure condition, of which appellant had notice. The answer denies the allegation of negligence and notice, and claims that respondent was injured in consequence of his own negligence. These issues of fact were submitted to a…
1Opinion of the Court
By the Court,
Prim, C. J.:
At the trial of this case, the Court below was asked by appellant’s counsel to instruct the jury “that if they be*55lieved from the evidence that respondent Stone knew the position and character of the machine by which he was injured, and could have avoided all danger by raising the ropes which he was carrying a few inches higher, and did not do so because he did not think, then respondent was guilty of negligence, and cannot recover.”
In refusing this instruction, we think the Court below erred. The respondent having been injured while engaged in the 'performance of…
2Cases cited3 opinions
- Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
- Rusch v. City of DavenportSupreme Court of Iowa · 1858
- McGlynn v. BrodieCalifornia Supreme Court · 1866
3Cited by9 opinions
- Johnston v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1892
- Wells v. CoeSupreme Court of Colorado · 1886
- Lawson v. HokeOregon Supreme Court · 2005
- Filkins v. Portland Lumber Co.Oregon Supreme Court · 1914
- Blust v. Pacific Telephone Co.Oregon Supreme Court · 1906
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