Daily capital journal. (Salem, Oregon) 1903-1919, 1918-01-29
FIGURE AS
PRINCIP AL ISSUE IN
A Court DECISION
Highest Tribunal Of Oregon
LnspeCtS Exhibit Of Most
Unpopular Of Vernlin

1t was a busy day in the supreme
court, seventeen opinions being handed
down. Among these is one appealed
from Multnomah county, Henry Nc
CHM, judge, which brought the justices
of the supreme court into the nvesti-
cation of that wingless, bloodsucking,
hemipterous insect, known in common
parlance as a bedbug. The action in
the lower court arose over the leasing
of an apartment house and the pur-
chase of furniture contained therein.
The plaintiff Nancy A. Hills alleges
the defendant Floyd J. Campbell who
leased the house to her, guaranteed it
was among other things "free from
bedbugs and other deleterious vermin. -
The complaint was dismissed in the
lower court but the bugs were not and
so plaintiff appealed. In an opinion
by Justice Benson, the lower court was
affirmed. In passing on the matter the
justice said the allegations of fraud
were not maintained but added in re-
lation to the bedbugs: "that the apart
ment was well equipped with an ex-
ceptionally large and vigorous supply
of this extremely unpleasant vermin. :"
1t is also established that the defend
ant was informed upon the subject
prior to dealing with plaintiff. The
plaintiff is very positive she discov-
cred their presence the first night she
occupied the premises. The court
holds she waived her right to rescind
the contract by payment of rent after
this discovery was made. For this rea-
son the decision of the lower court is
affirmed. Among the exhibits made
in this case was large sized bottle of
cessicated bedbugs, whose mummics
indicate they were Of a large and
fcioCious breed
The other opinions are:
Oregon-W Washington Railroad & Navi-
cation Co., appellant VS.. Sheriff of
Hood River county; appealed from
Hood River; suit to enjoin collection
of special road tax in road district;
opinion by Justice Benson; Circuit
Judge Bradshaw reversed.
Wind River Lumber Co. appellant VS..
Sheriff of Hood River county; same is
sues involved as in foregoing case and
same decision.
City of Portland VS.. H. R. Blue, eft al,
appellants; appealed from Multnomah;
involving validity of nunc pro tune
Judgment; opinion by Justice Nc
Camant; Circuit Judge Davis affirmed.
Otto Williams vs.. Gay NJ. Lombard,
ct al, appellants; appealed from Multi
nomah; suit TO recover damages for
personal injuries; opinion by Justice
Benson; Circuit Judge Gantenbein af
firmed.
John G. Hill, administrator VS.,
George W. Lewis, ct al, appellants;
appealed from josephine; motion to
dismiss appeal allowed; opinion by
Justice Benson.
Ralph R. Duniway, appellant VS.. Gel
lars-Murton Company; appealed from
Multnomah; motion to dismiss appeal
denied; opinion by Chief Justice Nc
Bride
Meredianal Company VS.. ]. Kenyon
Bourne, appellant; appealed from Col
umbia; action on promissory note;
opinion by Chief Justice Mcbride;
Circuit Jurge Eakin affirmed.
In the matter of estate of Sue Par
rot King, deceased, VS.. Henry Tonsing,
appellant; appealed from Multnomah;
suit contesting viii opinion by Chief
Justice Mcbride; Circuit Judge Gan
tenbein affirmed.
Bank of Kenton VS.. A. c. Preble, ap.
pellant; appealed from Multnomah; ac-
tion to recover on promissory note;