Kruse v. Coos Head Timber Co.

This is an action by an employe to recover damages from his employer for personal injuries suffered in the course of employment. Defendant had elected non-compliance with the provisions of the Workmen’s Compensation Law. Plaintiff contended defendant was guilty of common law negligence as well as violation of the Employer’s Liability Act. The jury returned a verdict for defendant and plaintiff appealed.

Plaintiff was removing limeroek from the interior of the base of an enclosed tower topped by a structure housing an elevator mechanism. As rock was removed with a rake, other rocks higher in…