Fitzgerald v. Oregon-Washington R.

In arguing that defendant’s motion for nonsuit and for a directed verdict should have been sustained, defendant asserts that neither the pleadings nor the evidence brings this case within the provisions of the Oregon Employers’ Liability Act (Sections 49-1701 to 49-1707, inclusive, Oregon Code 1930).

Among other things, such act prescribes that certain duties are to be observed by employers engaged in the operation of machinery. It is alleged in the amended complaint that at all times mentioned therein defendant was engaged in business as a common carrier of passengers and freight for hire by…