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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Sept. 29, 1958)
MAIL TRIBUNE, Medford, Or.. Monday, September 29, 1958 What Is The Law? This column is prepared s a public service by the College of Law, Willamette University, Salem, to ex plain basic legal principles, not to provide legal advice. The reader is cautioned not to apply these cases to his own problems without an attorney's" advice, for dif fering facts may change the outcome. The Thing Speaks for Itself While Cedrick was walking down the street, a barrel of flour rolled out of an open doorway, hit and injured him. He found it very difficult to go into court and explain clearly, backing it up with proof, that someone was neg ligent in permitting the bar rel of flour to roll out the door and onto a public street. This happened to a man in a very famous English case in 1863. This man, in seek ing damages for his injuries, admitted v that he could not prove that the defendant or one of his employees was careless or negligent. Tn Ratter Position He contended that the de fendant was in a much better position to explain the inci dent since he was me one, thrmiirh an employee who had complete control of the thing that caused tne injury, xae then argued that it was up to the defendant to come forth with an explanation of the accident occurred. He contended that if the de fendant could not explain wny the barrel of flour had got thpn the jury Vinulri hp nermitted to find negligence and award damag es to the injured person. The Enelish court agreed with this argument and nam- H tho doctrine tne iaun onnivaipnt of "the thing speaks for itself." The court felt that it was true that many injuries were inflicted under such circumstances that made it impossible for the injured party to prove just what hap pened. Yet, said the court, such an injury vould not us ually happen unless someone was negligent. Another such case involved a boy in Texas, who, while working in a grocery store, was injured when a soft drink bottle exploded in his hand. He was carrying a case f thP drink by holding onto one of its bottles when it hap pened. The doctrine of "the thing speaks for itself' was used and the bottling comp any, unable to explain why the bottle exploded, had to pay damages for the boy's in juries. There are other cases in volving soft drings that con tain foreign matter in the bot tle such as a cigar stub, or a mouse. The consumer usually becomes ill and is confined to bed for a while after dis such a thing in a . partially consumed bottle of beverage. The doctrine is ire quently used in these cases. In a recent Oregon case a ; hotel stool broke while a man was sitting on it and he was , thrown to the floor. He sued the hotel and relied on this doctrine. The hotel argued that since the man was sit ting on the stool when it col lapsed the hotel did not have exclusive control of the thing that caused the injury. The Supreme Court of Ore gon decided that the injured person only had possession in a way that was intended. In : other words, people were sup- posed to sit on the stools while eating at the coffee shop counter. This was not cuffiHent to nullify the ho tel's control of the thing that caused the injury. The injur ed man was permitted to re cover damages. Texans Battle Flood Deluge United Press International Texans fought record floods along the Rio Grande river todav. Kain ended temporarily in western Texas Sunday night after a four-day deluge that sent the Rio Grande surging over its banks to flood thou sands of acres in west Texas and adiacent Mexico. The flood waters isolated the town of Redford, Tex., drove hundreds of persons from their homes and caused millions of dollars damage. Across the river at Oji- naea. Mexico, a 9-year-old boy was swept away and drowned baturaay nignt. Cotton Crop Ruined The Rio Conchos river sent a seven-foot flood crest to ward the Rio Grande, threat flooding at Pre sidio, Tex. Several hundred families fled from tneir iarms in the area. An airlift brought the first food to Redford in three days ' Sunday. The community has a population of 300 persons. Save 8c now on top-qualtiy Chunk Tuna New Family Size White Star-9tt-oz. Star-kist-9'2-oz. Your Choice 39 Another fine savings on grand Chunk Tuna SEA TRADER, finest quality, all light meat. tsnJ - 4 1." 1.00 Stock up now on TEMPEST brand Grated Tuna Perfect for tasty tuna sandwiches 4 89 t SEA TRADER . . . your best buy in Minced ClaMS For chowder and delicious holiday dips Special savings now on PRINCE LEO Pink Salmon Fine quality. Creamed salmon is delicious! Ud. 1 tall tins 1. 00 fresh! Sold fresh! Piedmont Mayonnaise Delicious flavor, smooth smooth blend. 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