Franklin v. Webber
Oregon Supreme Court
From. Umatilla: Gilbert W. Phelps, Judge. In Banc. Bruno Webber was engaged in farming about nine hundred acres of land. The seeding was done with three drills drawn by a caterpillar engine. Between the engine and drills was a cart upon which a supply of wheat was kept, so that for the purposes of description we may say that the seeding was done with a train consisting of a caterpillar engine, a cart and three drills.
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From. Umatilla: Gilbert W. Phelps, Judge. In Banc. Bruno Webber was engaged in farming about nine hundred acres of land. The seeding was done with three drills drawn by a caterpillar engine. Between the engine and drills was a cart upon which a supply of wheat was kept, so that for the purposes of description we may say that the seeding was done with a train consisting of a caterpillar engine, a cart and three drills. This train was operated by two persons, an engineer and a drill-tender. The engineer ran the engine, and the drill-tender kept the drills filled with seed. Webber employed…
1Opinion of the CourtHarris, J.
1. Calling attention to the Employers’ Liability Act as diagramed in Camenzind v. Freeland Furniture Co., 89 Or. 158, 168 (174 Pac. 139), the plaintiff has argued that the words “shafts # * shall,be inclosed,” appearing after number 23 in the diagram, make it the absolute duty of the master to inclose a revolving shaft. The complete clause, containing the quoted words, reads as follows:
“Shafts, wells, floor openings and similar places of danger shall be inclosed.”
The term “shaft” has various significations; but the companion words “wells, floor openings” and especially the words “and similar…
2Cases cited13 opinions
- Malloy v. Marshall-Wells Hardware Co.Oregon Supreme Court · 1918
- State v. RobinsonOregon Supreme Court · 1897
- Camenzind v. Freeland Furniture Co.Oregon Supreme Court · 1918
- Anderson v. AdamsOregon Supreme Court · 1903
- Feldman v. McGuireOregon Supreme Court · 1899
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3Cited by13 opinions
- Somerset Seafood Co. v. United StatesCourt of Appeals for the Fourth Circuit · 1951
- Fields v. FieldsOregon Supreme Court · 1958
- Skeeters v. SkeetersOregon Supreme Court · 1964
- Faber v. RoelofsSupreme Court of Minnesota · 1973
- Atchison, Topeka & Santa Fe Railway Co. v. PetersonArizona Supreme Court · 1928
8 more not listed; retrieve them via the Exa API.