Yovovich v. Falls City Lumber Co.
Oregon Supreme Court
From Multnomah: Thomas J. Cleeton, Judge. Department 2. Statement hy Mr. Justice Bean. This is an action to recover damages for the wrongful death of Stanko Yovovich, plaintiff’s son, who received an injury while employed by the Falls City Lumber Company. The cause was tried to the court and jury, and a verdict rendered in favor of plaintiff for $1,100. From a judgment entered thereon, the defendant appeals.
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From Multnomah: Thomas J. Cleeton, Judge. Department 2. Statement hy Mr. Justice Bean. This is an action to recover damages for the wrongful death of Stanko Yovovich, plaintiff’s son, who received an injury while employed by the Falls City Lumber Company. The cause was tried to the court and jury, and a verdict rendered in favor of plaintiff for $1,100. From a judgment entered thereon, the defendant appeals. At the time of receiving the injury which produced his death, the decedent was employed by the defendant and working in its logging camp as a timber “bucker”; his duties being to saw…
1Opinion of the CourtJustice Bean
It is contended by counsel for defendant that the evidence does not bring the action within the Employers’ Liability Act. At the close of the evidence, they moved for a directed verdict in favor of the defendant company.
*590Isaac 'Barton, the defendant’s foreman, describes the condition of the tree thus:
“The tree had just tipped over, and the roots stood not straight np and down, because the ground was a little bit sloping; and there was another tree laid across here. Now, as to whether that was a windfall (but I think it was), I don’t remember just the fact of whether that was a windfall or not,…
2Cases cited10 opinions
- McClaugherty v. Rogue River Electric Co.Oregon Supreme Court · 1914
- McFarland v. Oregon Electric Ry. Co.Oregon Supreme Court · 1914
- Schulte v. Pacific Paper Co.Oregon Supreme Court · 1913
- Dunn v. Orchard Land Co.Oregon Supreme Court · 1913
- Lang v. Camden Iron WorksOregon Supreme Court · 1915
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Rorvik v. North Pac. Lumber Co.Oregon Supreme Court · 1920
- Skeeters v. SkeetersOregon Supreme Court · 1964
- Nordlund v. Lewis & Clark RailroadOregon Supreme Court · 1932
- Union Oil Co. v. HuntCourt of Appeals for the Ninth Circuit · 1940
- Coomer v. Supple Investment Co.Oregon Supreme Court · 1929
17 more not listed; retrieve them via the Exa API.