Oregon Farm Bureau v. Thompson

The trial court made a finding of fact that Dean Kellar, the injured employee, was a “farm employee” at the time of his injury. In the original decision of this court it was held that Kellar was not a farm employee at the time of his injury; rather, he was a logger. A finding that Kellar was not a farm employee at the time of the accident removes from the coverage of the plaintiff’s policy any liability of the defendant Thompson for Kellar’s injury.

The majority opinion decides that this is in nature an equity proceedings; therefore, this court can retry the facts.

There was ample evidence to…