Shmit v. Day
Oregon Supreme Court
Appeal from Wasco: W. L. Bradshaw, Judge. This is an action by Joseph Shmit against J. G. and I. N. Day to recover damages for personal injuries sustained by the plaintiff’s minor son while in the defendant’s employ upon the government works at the cascade locks, Oregon.
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Appeal from Wasco: W. L. Bradshaw, Judge. This is an action by Joseph Shmit against J. G. and I. N. Day to recover damages for personal injuries sustained by the plaintiff’s minor son while in the defendant’s employ upon the government works at the cascade locks, Oregon. The facts are that in transporting material for the locks the defendants operated a movable crane upon an elevated track about twenty feet from the ground, and that this track was about two hundred feet long by thirty feet wide, and consisted of two iron rails supported by longitudinal timbers resting upon posts unconnected…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
1. A copy of all the evidence offered or introduced at the trial is set out in and made a part of the bill of exceptions, from which it appears that the page of the payroll offered in evidence was signed at the request of Frank Shmit by his brother at the time the money was received. We cannot think the plaintiff was precluded by any of the recitals contained in the payroll. The cause of action accrued to him for the loss of his son’s service, and he should not be prejudiced because another son, at Frank’s request, received and receipted for the amount due him.
2.…
2Cases cited6 opinions
- Weber v. RothchildOregon Supreme Court · 1887
- Ferguson v. Wisconsin Central RailroadWisconsin Supreme Court · 1884
- Peabody v. O. R. & N. Co.Oregon Supreme Court · 1891
- Woods v. CourtneyOregon Supreme Court · 1888
- Torrence v. StrongOregon Supreme Court · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Falk v. AmsberryOregon Supreme Court · 1981
- Iwanicki v. State Industrial Accident CommissionOregon Supreme Court · 1922
- Peiffer v. HoytOregon Supreme Court · 2005
- First Nat. Bank v. Fire Ass'nOregon Supreme Court · 1898
- Moody v. RichardsOregon Supreme Court · 1896
14 more not listed; retrieve them via the Exa API.