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Oregon Supreme Court· 1/25/1961

Thomas v. Foglio

Citations

  • 358 P.2d 1066
  • 225 Or. 540
  • 1961 Ore. LEXIS 248

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • distinguishing a defendant's interest in a common enterprise when it merely furnishes equipment from when it has charge of equipment
  • determining “legal possession” of a truck based on evidence of physical control and use
  • applying the ELL and holding that “the defendant had ‘charge of? and was ‘responsible for’ that part of the job or ‘work’ which consisted of furnishing safe equipment to be used in a loading operation”’
  • generally, the right to control over the chattel is determinative of whether the parties intended a lessor-lessee relationship
  • in determining whether “legal possession” of a truck had passed so as to give rise to a lease, the court seeks to determine “which party has that measure of control of the equipment which the law regards as the more significant”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kossman, Lusk, McAllister, O'Connell, Perry, Rossman, Sloan, Warner

Read full opinion on CourtListener

Cited by

37 cases in this archive cite this case; the 20 most cited are listed.

Cites

25 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Thomas v. Foglio

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.