Clark v. Coos County
Oregon Supreme Court
From Coos: John S. Coke, Judge. Department 1. Statement by Mr. Justice Burnett. This is an action in which the plaintiff, Thomas J. Clark, essays to charge Coos County under Chapter 3 of the General Laws of Oregon for 1911, generally known as the Employers’ Liability Act.
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From Coos: John S. Coke, Judge. Department 1. Statement by Mr. Justice Burnett. This is an action in which the plaintiff, Thomas J. Clark, essays to charge Coos County under Chapter 3 of the General Laws of Oregon for 1911, generally known as the Employers’ Liability Act. He claims that, while he was at work as an employee of the defendant repairing a county road in that county under the supervision of the road supervisor, he was injured by a stone rolling down a hillside and striking him on the shoulder. The essence of his charge is that the defendant county neglected to use every device,…
1Opinion of the CourtJustice Burnett
The case at hand is identical in principle, and must be governed by the decision in Rapp v. Multnomah County, 77 Or. 607 (152 Pac. 243), which ruled that, where the plaintiff sues under the Employers’ Liability Act for personal injuries sustained while an employee of the county, his action is one of tort resting on negligence and will not be heard, as the county can be sued only under Section 358, L. O. L., which permits suits against it on its contracts only; and that, where the legislature failed to include counties in the opera*404tion of the Employers’ Liability Act, the courts will not apply…
2Cases cited1 opinion
- Rapp v. Multnomah CountyOregon Supreme Court · 1915
3Cited by3 opinions
- Gearin v. Marion CountyOregon Supreme Court · 1924
- Swanson v. Coos CountyCourt of Appeals of Oregon · 1971
- American Bonding Co. v. StillwellOregon Supreme Court · 1954