Wienke v. OCHOCO LUMBER COMPANY

*1161HOLMAN, J.

This is an action for damages for the death of a timber faller who was killed by a tree felled by a co-worker. The issue on appeal is whether defendant owed a duty under the Employers’ Liability Law (the Act) to plaintiffs’ decedent, who was employed by a contractor of defendant.

Plaintiffs’ decedent was killed on December 12, 1969. Until 1966 he had been an employee of defendant and a member of the International Woodworkers of America, AFL-CIO, Local Union 3-200. He had worked for defendant as part of a falling crew consisting of four fallers and a "bull buck,” a kind of supervisor.…