Mackay v. Commission of Post
Oregon Supreme Court
From Lincoln; Lawrence T. Harris, Judge. Statement by Mr. Justice Benson. This is an action by William Mackay against tbe Commission of the Port of Toledo, a corporation for damages for personal injuries.
Read the full summary
From Lincoln; Lawrence T. Harris, Judge. Statement by Mr. Justice Benson. This is an action by William Mackay against tbe Commission of the Port of Toledo, a corporation for damages for personal injuries. Defendant is a corporation organized under and pursuant to tbe provisions of Sections 6114 to 6125, inclusive, L. O. L. Tbe complaint alleges, in substance, tbat defendant at tbe time of tbe alleged injuries owned and operated near Toledo, in Lincoln County, a certain dredger used in deepening tbe rivers and bays in said vicinity; tbat on said date, and some time prior thereto, plaintiff was…
1Opinion of the CourtJustice Benson
We shall consider the various assignments of error in the same order in which they are discussed in appellant’s brief.
1. Assignment numbered 10 involves a construction of the Employers’ Liability Act (Laws 1911, p. 16), since defendant contends that climbing a ladder does not involve the use of machinery or any of the enumerated employments mentioned in Section 1 of the law, and that therefore the acts complained of do not fall within the scope of the statute, and that it was entitled to the directed verdict for which it asked. Attention has been directed so frequently to the final clause of…
2Cases cited8 opinions
- Mulcairns v. City of JanesvilleWisconsin Supreme Court · 1886
- Wagner v. PortlandOregon Supreme Court · 1902
- Giaconi v. City of AstoriaOregon Supreme Court · 1911
- Donahoe v. Kansas CitySupreme Court of Missouri · 1897
- Doyle v. Southern Pac. Co.Oregon Supreme Court · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Hillman v. Northern Wasco County PUDOregon Supreme Court · 1958
- State v. Port of AstoriaOregon Supreme Court · 1916
- Bottig v. PolskyOregon Supreme Court · 1921
- Mollencop v. City of SalemOregon Supreme Court · 1932
- Hise v. City of North BendOregon Supreme Court · 1931
16 more not listed; retrieve them via the Exa API.