Putnam v. Pacific Monthly Co.
Oregon Supreme Court
From Multnomah: "William N. Gatens, Judge. Statement by Mr. Justice Burnett. This is an action by Myrtle Putnam, administratrix of the estate of Mabel Putnam, deceased, against the Pacific Monthly Company, to recover damages for causing the death of plaintiff’s intestate.
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From Multnomah: "William N. Gatens, Judge. Statement by Mr. Justice Burnett. This is an action by Myrtle Putnam, administratrix of the estate of Mabel Putnam, deceased, against the Pacific Monthly Company, to recover damages for causing the death of plaintiff’s intestate. For the purpose of its enterprise the defendant occupied the fourth floor of a building in the City of Portland, and had the exclusive control and management. of an elevator used by the general public and its employees in going to and from its place of business. Among other things, the complaint alleges: ‘ ‘ That on…
1DissentJustice Burnett
delivered the following dissenting opinion.
It is contended that the former opinion was erroneous in holding: First, that the relation of the defendant to the deceased was that of employer and em*62ployee; and, second, that the deceased and the operator of the elevator in which she lost her life were fellow-servants.
Turning to the complaint, the foundation of plaintiff’s action, we find in the words of that pleading that the “elevator was used by the.general public and the employees of the defendant in going to and from said place of business, in passing from the first floor of said building to…
2Cases cited47 opinions
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Northern Pacific Railroad v. HamblySupreme Court of the United States · 1894
- Stringham v. . HiltonNew York Court of Appeals · 1888
- Adams v. Iron Cliffs Co.Michigan Supreme Court · 1889
- Quincy Mining Co. v. KittsMichigan Supreme Court · 1879
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