Daily capital journal. (Salem, Oregon) 1903-1919, 1918-04-02
CLACKAHAS CASE
is AFFIRMED BY
THE SUPREME COURT
Several Other Decisions Are
Landed Down by States
Highest Court

The circuit court Of Clackamas eoun
ty was affirmed today by the supreme
court in the case of d. w. Olds appel
liant versus Edwin d. Olds, this being
suit for damages for personal iniur
les. The opinion was by Justice Moore
with justices McCamant, Bean and
Benson concurring.
In the original suit, the plaintiff ask.
ed for $4,000 damages for injuries re.
eelved when team, driven by the plain.
tiff in the service of the defendant. ran
away down a steep hill, and because of
a load OF lumber slipping, seriously in
luring the plaintiff. The defendant had
hired the plaintiff to haul lumber from
a mill to the site Of bridge which
was to be built over the Sandy river.
1t was claimed in the original action
that the wagon furnished was defective.
and that the defendant was aware of
this fact, that the accident was caused
by the wagon, which had no brake,
erowding too close on the horses, and
by the lumber slipping. The defense
claimed that the plaintiff knew Of the
defective wagon, that the accident was
due to negligence of the driver, and
that the accident was unavoidable. A
jury gave the plaintiff $500. and the
case was appealed.
In the appeal, the defense advanced
the employers liability act, claiming
that the fact that bridge was being
built placed it in the engineering
class, and that as no notice had been
given of refusing the terms of the act,
according to the state law, the opera
ton Of the rule should apply. That no
such statement was made in the origin
al complaint was thought by the appel.
liant to be sufficient to cause a reyer-
sal of the verdict. This was not sustain
ed by the supreme court, which held
that this was not necessary under the
circumstances.
Errors in the circuit court proceedings
were cited as cause for the reversal Of
the judgment, but the supreme court
held that these did not exist, and af
firmed the circuit court.
Decision Is Reversed.
In the case of the State of Oregon.
appellant, versus George Shaw alias
Carl Mack, a petition for writ of
habeas corpus, appealed from Multno.
nah county by the state, the circuit
court was reversed and the case remand
I'd. Straw was arrested in Portland and
after a trial before a municipal Judge,
sitting as an ex-officio justice of the
peace, he was given lS0 days on a
1agraney charge. The ease was appealed
% the circuit court by a habeas corpus
proceeding, and Shaw was ordered re- |
eased, it being contended that as the
ustiee courts were abolished in Port |
and the trial was invalid, and stating
hat vagrancy charge could, under |
he statutes, be tried only by the ius-
ice or circuit courts. Insufficient eyi- |
lenee for conviction was also chare-
d. The circuit court released Shaw, and |
he ease was appealed by the state.
The supreme court, in an opinion by |
ustice Benson, stated trat ample pro-
ision is made for the municipal courts
o try any cases in which a violation
t the city statutes are charged and that I
$ result the conviction of Shaw was !,
aid. The question of insufficient evil
ence was declared no matter for CON
liberation in an habeas corpus appeal.
)ther decisions were as follows:
Other Decisions
Andrew ]. Hamlin VS.. Jeff D. Tharp
{ al, appellants; appealed from Coos; 4
nit to foreelose mortgage on real pro-
erty; opinion by Justice Harris; Cir
uit Judge Coke affirmed.
A. B. Hanley, appellant VS.. Alice
mith, ct al; appealed from Multnomah;
nit to foreelose mortgage; opinion by
ustice Burnett; Circuit Judge Ganten.
elm reversed.
T. G. Watts, substituted for John w.
atriek, deceased, VS.. Spokane, Portland
Seattle Railroad company, ct al, APP
ellants; appealed from Columbia; ac-
on for damages for personal injuries;
pinion by Justice Bean; Circuit Judge
akin affirmed; except as to defend
Mt G. d. Chamberlain.