Philpott v. State Industrial Accident Commission

This is an appeal by the defendant, State Industrial Accident Commission, from a judgment of the circuit court sitting without a jury, which reversed an order of the commission disallowing plaintiff’s claim for compensation for an accidental injury.

Plaintiff, Thomas J. Philpott, the owner and operator of a log truck, entered into an agreement with Schneider Lumber Company to haul logs for the latter from the woods to its mill near Brownsville, Linn County, Oregon. When not in use, the plaintiff kept his truck at his home. Early in the morning of August 17, 1960, plaintiff got into the cab of…