Daily capital journal. (Salem, Oregon) 1903-1919, 1915-06-22
Cost Lucky Jack
Peterson $500 To
Beat A Dog Tanner

OCai n UUy ldlllcI
Through the conditional affirmation
of decree entered by Judge Davis, of
the circuit court for Multnomah coun.
ty, by the supreme court this morn.
ing, in an opinion written by Justice
Benson, it will cost J. H. Quckv
jack Peterson 5000 for assaulting and
beating up J. H. Housman, who Won a
bet of $40 by succeeding in pacifying
and subduing Peterson S "feroeiousp
bull dog, in Portland, on March a.
1914; provided Housman elects to re.
nit $75 of the verdict for $675, which
represents Doctors bills, medical atten.
tion, etc, If Housman, plaintiff and
respondent does not agree to forego
the S75 item of the verdict within 10
days the whole judgment will be re-
versed.
This suit arises out Of bet made be.
tween Peterson and Housman, as a re.
suit of the latter's boasting that he
could approach and make friends with
the most vicious of dogs that Housman
could not make friends with Peterson IS
"ferocious bull dog" Housman sue.
ceeded in making friends with the dog
to the extent of entering the dog Is EN-.
closure and petting him but in doing
SO the dog got out and Peterson pro.
tested the bet on the ground that this
violated one of the rules of the wager.
This brought on quarrel and resulted
in Peterson assaulting and beating
Housman up and the latter sued
"Lucky Jack" for $2,5OO damages.
Other cases handed down by the su.
preme court this morning follow;
state of Oregon VS.. John NJ. Me
Pherson, appellant, convicted of lar.
ceny of a mare, appealed from Crook
county, opinion by Justice Eakin, Cir.
cult Court Judge Bradshaw, Judgment
FOR state affirmed.
Milwaukee Mechanics Insurance
company, appellants, VS., A. Ramsey ct
al, suit on fire insurance policy, op.
inion by Burnett, Circuit Court Judge
Holmes, judgment for defendant af
firmed
School District No, 5, of Baker coun.
ty, vs., j. II. Neder appellant, suit to
quiet title TO property, opinion by JUS
tice Burnett, Circuit Court Judge And
erson's judgment for plaintiff affirm.
ed.
w. H. Robertson ct ux, appellant, vs,
City Of Portland respondent; from
Multnomah county; Circuit Court
Jldge Robt. q Morrow, affirmed.
Opinion by Justice Harris.
City Of Portland, respondent, vs.
II. X. Blue, ct al, appeal from Multno.
NAH county; Circuit Judge Davis, af.
firmed Opinion by Justice Harris.
State of Oregon, respondent, vs., Fan
ME o. 'Donnell, appeal from Coos coun.
ty; Circuit Court Judge John $. Coke,
affirmed, Opinion by Justice Eakin,
Defendant convicted of selling liquor
on Sunday,
Petitions for rebearing were denied
in Evans W., Marvin and Nelson w.
Portland Gas and Coke company, Dale
ys. Marvin and original adhered to in
Wolsfer VS.. Bechill.
Fraud cannot be presumed. II must
be alleged and established by the great
err weight Of the evidence. While the
evidence has a right to rely on an as.
sertion Of facts he has no right to rely
upon the mere expression Of an opinion
by the vendor in whatever language
such expression is made. He is assumed
To- be as equally able to form his own
opinion and come to Il correct Judgment
in respect TO the matter as the vendor,
and cannot Justly claim to have been
mislcd by the opinion however erron'
eous it may have been.
Based upon the above rules Of law
and conclusions the supreme court this
morning, In an opinion written by Jus
tice Bean, reversed the decree Of Judge
William Galloway Of the circuit court
for Marion county and dismissed the
suit Of william and Dora Black
against William A. Irwin which was
suit 10 set aside and annul transac-
ton hy which the Blacks traded q l0l'
acre farm near Silverton, for the old
Elite cafe and lodging house, upon the
ground Of fraudulent representation Of
fhc volume Of business transacted by
defendant Irwin during the negotia
tions for the trude. The plaintiffs
were awarded verdict and decree re.
scinding the sale or trade in the trial
court.
The principal allegation Of fraud was
baaed upon the representations that the
statement rendered by Irwin, covering
ibe wear prior 10 the trade, and show
inc a margin Of profit over cxpendi
Iprcs wng false and plaintiff sought 90
establish the fraud by comparison
,f recent. and disbursements expert
,rcpd by himself in the conduct Of the
business during one month and 10 days
ftpr the trade was made, January J.
lgl4
The court hpId that this did not
disrredit the statement
rendered by Irwin for the year pre-
,iou.. which was not proven false by
.be evidence, as Twins statement
.bowaB a decrease in revenues for the .
ast month which fact plaintiff should
.,ye taken note o. II was also point
"A opt that the city went "dry" in
yoyembpr 1913, Immediately preeed'
1919 WHT - o