Donaghy v. Oregon-Washington R. & Nav. Co.

The first assignment of error arises upon the failure of the court to give defendant’s request as to the assumption by plaintiff of the risks of the employment. The requests are couched in the usual language and, if this ease comes under the provisions of the Federal Employers’ Liability Act, United States Code Annotated, title 45, chapter 2, 51-59, the refusal to give the requested instruction was reversible error. If, on the contrary, the case comes under the Employers’ Liability Act of Oregon, Or. L., §§ 6785-6791, the refusal was proper. Under the federal statute, in cases of this…