Opinion

Jamerson v. Witt

  • 215 Or. 227
  • 332 P.2d 1054
  • 1958 Ore. LEXIS 364
Court
Oregon Supreme Court
Filed
Dec 17, 1958
Status
Published
Author
Lusk
On the bench
Perry, Rossman, Lusk, McAluister
Cited by
6 cases

no liability for injury to passerby attempting to remove high voltage wire from street because no danger present to anyone

How later courts described this case

  • no liability for injury to passerby attempting to remove high voltage wire from street because no danger present to anyone
  • no liability ior injury to passerby attempting to remove high voltage wire from street because no danger present to anyone

Written by the judges who cited it.

The opinion

LUSK, J.,

specially concurring.

I concur in the result. As the opinion of the court discloses, the whole case of the plaintiff depends upon speculation and conjecture. The record is devoid of evidence of negligence of anyone. In that situation, I think that we should not make a finding of contributory negligence based upon unproven hypotheses. It suffices that the plaintiff failed to prove the negligence alleged.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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