Barnhart v. North Pacific Lumber Co.
Oregon Supreme Court
From Multnomah: William N. G-atens, Judge. Department 2. Statement by Mr. Justice Harris. Henry Barnhart was injured while employed as an edgerman in a sawmill operated by the North Pacific-Lumber Company. The plaintiff obtained a verdict and judgment in an action for damages, and the defendant appealed. The edger is a machine with several saws.
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From Multnomah: William N. G-atens, Judge. Department 2. Statement by Mr. Justice Harris. Henry Barnhart was injured while employed as an edgerman in a sawmill operated by the North Pacific-Lumber Company. The plaintiff obtained a verdict and judgment in an action for damages, and the defendant appealed. The edger is a machine with several saws. There is an open space of about three feet between the edger and a set of dead rolls, and it was the duty of the plaintiff to stand in this open space and adjust the saws and to operate the machine and put lumber through it. The set or line of dead…
1Opinion of the CourtJustice Harris
1. For the purpose of this appeal we may assume that both litigants admit that the plaintiff was injured, and that the injury was caused by a piece of lumber on the dead rolls being shoved against him. The point in controversy was whether Tony Mike, a fellow-servant, shoved the lumber against the plaintiff as claimed by the defendant or whether a piece of lumber veered from the live rolls and struck the lumber on the dead rolls as claimed by plaintiff. Speaking to the jury the trial court said:
“If you find from the evidence that the defendant was not guilty of negligence set forth in the…
2Cases cited6 opinions
- Boothe v. Farmers & Traders Nat. BankOregon Supreme Court · 1908
- Farmers' & Merchants' Bank of Coweta v. SharumSupreme Court of Oklahoma · 1908
- Allen v. Standard Box & Lumber Co.Oregon Supreme Court · 1908
- Childers v. BrownOregon Supreme Court · 1916
- Scheurmann v. MathisonOregon Supreme Court · 1913
1 more not listed; retrieve them via the Exa API.