Hagermann v. Chapman Timber Co.
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Burnett. This is an action by Ary Hagermann, an employee, against the Chapman Timber Company, a corporation, to recover compensation for injuries received while in the service of his employer, and alleged to be due to the negligence of the latter.
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From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Burnett. This is an action by Ary Hagermann, an employee, against the Chapman Timber Company, a corporation, to recover compensation for injuries received while in the service of his employer, and alleged to be due to the negligence of the latter. By the complaint it appears, in substance, that when the alleged injuries happened the defendant was engaged in logging in the forests of Columbia County, using for that purpose a donkey engine and the accompanying appliances. On the engine were two drums revolving in opposite…
1Opinion of the CourtJustice Burnett
1. The errors relied upon at the hearing were predicated solely upon the refusal of the trial court to charge the jury as requested by the defendant in certain particulars. Three of these requests, viz., those about the mere happening of an accident, the burden of proof, and the negligence of the defendant being the proximate cause of the injury, are connected with the proposition that the plaintiff is. required to prove “negligence in the respects charged in the complaint.” These requests in the form proposed were properly refused by the trial court because they all apparently require the…
2Cases cited3 opinions
- Roth v. Northern Pacific Lumbering Co.Oregon Supreme Court · 1889
- Westman v. Wind River Lumber Co.Oregon Supreme Court · 1907
- Blust v. Pacific Telephone Co.Oregon Supreme Court · 1906
3Cited by5 opinions
- Filkins v. Portland Lumber Co.Oregon Supreme Court · 1914
- McCaffrey v. Glendale Acres, Inc.Oregon Supreme Court · 1968
- Carlson v. Portland Railway, Light & Power Co.Oregon Supreme Court · 1927
- Ritter v. BEALSOregon Supreme Court · 1961
- Ritter v. BEALSOregon Supreme Court · 1961