Legal Opinion

Love v. Chambers Lumber Co.

Oregon Supreme Court

Decided January 28, 1913PublishedCited by 26 opinions

From Lane: Lawrence T. Harris, Judge. Statement by Mr. Chief Justice McBride. This is a statutory action brought by Ralph E. Love against the Chambers Lumber Company, under Section 5040, L. O. L., being part of the factory act, which section is as follows: “Any person, firm, corporation, or association operating a factory, mill or workshop where machinery is used, shall provide and maintain in use belt-shifters or other mechanical contrivances for the purpose of throwing on…

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From Lane: Lawrence T. Harris, Judge. Statement by Mr. Chief Justice McBride. This is a statutory action brought by Ralph E. Love against the Chambers Lumber Company, under Section 5040, L. O. L., being part of the factory act, which section is as follows: “Any person, firm, corporation, or association operating a factory, mill or workshop where machinery is used, shall provide and maintain in use belt-shifters or other mechanical contrivances for the purpose of throwing on or off belts or pulleys while running, where the same are practicable with due regard to the nature and purpose of said…

1Opinion of the Court

Opinion by

Mr. Chief Justice McBride.

Many of the facts above stated are strongly contradicted by testimony introduced by defendant, but we are not the judges of the weight of testimony.

1. Where there is evidence to support a verdict, and the facts have been submitted to a jury under proper instructions, we are precluded from disturbing such verdict. Article VII, Section 3, of the constitution as amended November 8, 1910 (Laws 1911, p. 7) ; Wills v. Palmer Lumber Co., 58 Or. 536 (115 Pac. 417); Purdy v. Van Keuren, 60 Or. 263 (119 Pac. 149).

*1342. The testimony of plaintiff’s witnesses indicates…

2Cases cited7 opinions

  1. Columbia & Puget Sound Railroad v. HawthorneSupreme Court of the United States · 1892
  2. Erickson v. E. J. McNeeley & Co.Washington Supreme Court · 1906
  3. Hill v. SaugestedOregon Supreme Court · 1908
  4. Wills v. Palmer Lumber Co.Oregon Supreme Court · 1911
  5. Purdy v. Van KeurenOregon Supreme Court · 1911

2 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Rich v. Tite-Knot Pine MillOregon Supreme Court · 1966
  2. Malloy v. Marshall-Wells Hardware Co.Oregon Supreme Court · 1918
  3. Smith v. McDuffeeOregon Supreme Court · 1914
  4. Williams v. Portland General Electric Co.Oregon Supreme Court · 1952
  5. Tenold v. Weyerhaeuser Co.Court of Appeals of Oregon · 1994

21 more not listed; retrieve them via the Exa API.

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