Hoffman v. Broadway Hazelwood
| Decision Date | 24 May 1932 |
| Citation | 139 Or. 519,11 P.2d 814 |
| Parties | HOFFMAN v. BROADWAY HAZELWOOD. |
| Court | Oregon Supreme Court |
Department 2.
Appeal from Circuit Court, Multnomah County; Jacob Kanzler, Judge.
On Rehearing.
For former opinion, see 10 P.2d 349.
Frank S. Senn, of Portland (Senn & Recken, of Portland, on the brief), for appellant.
Arthur I. Moulton, of Portland (Lord & Moulton, of Portland, on the brief), for respondent.
It is urged that the judgment in this case should not have been reversed because of instructions given concerning the applicability of the Employers' Liability Act (Code 1930, § 49-1701 et seq.), since no exceptions were taken to such instructions and no assignment of error was based thereon. An examination of the bill of exceptions discloses that the trial court allowed an exception to each of defendant's requested instructions which was not given. It clearly appears from such requested instructions that the same were predicated upon the proposition that the Employers' Liability Act had no application, and that the case should be tried under the rules of the common law. Indeed, throughout the trial in the lower court, counsel for defendant insisted that contributory negligence and assumption of risk were complete defenses. On page 41 of appellant's brief, it is stated:
In the light of this record, we see no merit in the contention that this court erred in going outside the record to review the instructions given concerning the applicability of the Employers' Liability Act.
The petition for rehearing is denied.
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Hess v. United States
...that this statute imposes a 'much higher degree of care,' Hoffman v. Broadway Hazelwood, 139 Or. 519, 524, 10 P.2d 349, 351, 11 P.2d 814; 83 A.L.R. 1008, than that generally required of defendants in accident cases. See Camenzind v. Freeland Furniture Co., 89 Or. 158, 172—173, 174 P. 139, 1......
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Skeeters v. Skeeters
...law rules of due care. Shelton v. Paris, 199 Or. 365, 261 P.2d 856; Hoffman v. Broadway Hazelwood, 139 Or. 519, 10 P.2d 349, 11 P.2d 814, 83 A.L.R. 1008; Fromme v. Lang & Co., 131 Or. 501, 281 P. Plaintiff alleges in paragraph V of his second amended complaint that the defendants were negli......
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Garber v. Martin
...P.2d 432 (1961); Rundlett v. Director, 150 Or. 658, 47 P.2d 848 (1935); and Hoffman v. Broadway Hazelwood, 139 Or. 519, 10 P.2d 349, 11 P.2d 814 (1932).The foregoing cases do not include either cases in which reference to insurance was held to be proper because relevant to some issue or for......
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Williams v. Clemen's Forest Products
... ... within the meaning of the act. Hoffman v. Broadway ... Hazelwood, 139 Or. 519, 10 P.2d 349, 11 P.2d 814, 83 ... A.L.R. 1008 ... ...