Scheurmann v. Mathison
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Department 1. Statement by Mr. Chiee Justice McBride. This is an action by Jacob Scheurmann against S. Mathison and Gust Anderson, doing business as Mathison & Anderson, a copartnership, for damages for personal injuries.
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From Multnomah: Henry E. McGinn, Judge. Department 1. Statement by Mr. Chiee Justice McBride. This is an action by Jacob Scheurmann against S. Mathison and Gust Anderson, doing business as Mathison & Anderson, a copartnership, for damages for personal injuries. The complaint alleged and the testimony on behalf of plaintiff tended to show that he had been employed for several days at masonry work on the building; that on Saturday afternoon he left his tools in a corner on the second floor; that there were then no partitions in this part of the building, but that on Monday, when he returned…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
1. There was nothing in the testimony to justify the court in instructing in respect to an unavoidable accident. If the hole was unguarded, or insufficiently guarded, as claimed by plaintiff, it follows as a necessary consequence that defendant was negligent. If it was sufficiently guarded, and plaintiff went over the guard and fell in consequence, it follows logically that he was not exercising reasonable care and was negligent ; or, if the aperture was unguarded, and the danger was so apparent that a person in the exercise of ordinary care ought to have…
2Cases cited7 opinions
- State v. McDanielOregon Supreme Court · 1901
- Birmingham Fire Insurance v. PulverIllinois Supreme Court · 1888
- Galvin v. Brown & McCabeOregon Supreme Court · 1909
- State v. MegordenOregon Supreme Court · 1907
- Central Branch Union Pacific Railroad v. AndrewsSupreme Court of Kansas · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. PayneOregon Supreme Court · 2020
- Godvig v. LopezOregon Supreme Court · 1949
- Childers v. BrownOregon Supreme Court · 1916
- Nordin v. Lovegren Lumber Co.Oregon Supreme Court · 1916
- Hubbard v. Lamford Lbr. Co., Inc.Oregon Supreme Court · 1956
1 more not listed; retrieve them via the Exa API.