Daily capital journal. (Salem, Oregon) 1903-1919, 1919-07-15
FIVE CASES DECIDED
BY SUPREME COURT
Decision In Accident Damage
Suit By Judge Phelps
Affirmed.

Following. is the brief lis, Of cases
acted upon during the pas week by
the supreme court:
Dalles City vs., The Aetna Aeeideat
s Liability company, appeliaat, ct 81,
appeal from wasco county; acting upon
an undertaking executed BY the Dollar
way Paving company and the Aetna Ac-
cident 4 Liability company 10 insare
the faithful performance Of contract
for paving a street. Opinion by Justice
Benson. Judge Fred Wilson reversed
and ease remanded.
William Haaley -eomPaRy, appellant,
VS.. Harvey Valley Irrigation District
No. |, appeal from Harney county; Pc
tition for rehearing denied Opinion By
Justice Bean.
John W. Sweeney VS.. Jackson county,
appellant, and United States Nauona.
Bank OF Portland, defendant and re.
spondent; appeal from Multnomah e0un.
~; petition for rehearing denied in opin
ion by Justice Bean.
Emma G. Robinson, appellant, VS..
Grant Phegley; appeal from Multnomah
county; suit TO recover money on mort
gage on mining property. Opinion by
Justice Johns Decree Of Judge George
R. Bagley modified Justice Burnett,
dissenting.
Howard Franklin VS.. Bruno Weber,
appellant; appeal from Umatilla eoun-
ty; suit for damages for personal in
jury, Opion by Justice Harris. Judge
G. ". Phelps affirmed
The case Of Howard Franklin VS..
Bruno Webber is Of interest through the
unusual procedure of repudiating re-
lease given to an insurance company
by an injured man and the subsequent
institution of damage suit calling fol
a much larger compensation. In this
ease the plaintiff Franklin was employ
ed upon Il motor-driven seeder, on which
there was rapidly driven shaft not
properly guarded. In operating the ma.
chile the clothing of the plaintiff was
caught in the gearing and he suffered
serious injuries. Two weeks after he
was taken to the hospital an agent of
the company-in which he carried a pol
ley called upon him and induced him to
sign release to the company in the
sum of $3.50, though it was shown that
the company subsequently paid doctor
and attendance bills to the amount of
5000. Later Franklin, through his at
torney brought suit for damages, alleg-
ing that the defendant Webber had been
negligent in not properly guarding the
machinery, and that his duties as opera
tor had compelled him TO place himself
in danger. He further alleged that while
in weak physicgl and mental condition
he had been induced on misrcpresents-
lions to sign the release to the insur
ancc agent The defendant in his reply
sought to show that the plaintiff had
suffered because of his own negligence
In the circuit court the jury found fol-
plaintiff in the sum of $3T9i .66, from
which the defendant appealed.
The case of Emma q. Robinson VS.
Grant Pheglcy would be of especial in
tcrcstto those who have followed IN,
course of high Cor rather low finane,
among the mines Of southern Oregon
This ease is part Of the mass of litiga
tiOn associated with the Calico Consoli
date d Mines company, of Josephin,
county, which has probably witnessed
more iugglcry Of exploitation than any
other property in Oregon. This com
pany, which was organized in the gold
en- days Of l907-l90S, followed tn,
course Of the majority Of southern Ore
gou mines into bankruptcy ard re
ownership, and this case centcrs about
the sale of certain claims aggregatinl
$4,000, in which there is alleged 10 b.
fraud and Misrepresentation.