Legal Opinion

Dorn v. Clarke-Woodward Drug Co.

Oregon Supreme Court

Decided July 1, 1913PublishedCited by 27 opinions

From. Multnomah.: Henry E. McGinn, Judge. Statement by Mr. Justice Burnett. This is an action by Fred Dorn against the Clarke-Woodward Drug Company, a corporation, instituted under the statute providing for the protection and safety of persons engaged in the construction, repairing, alteration, or other work, upon buildings, etc., enacted by the initiative process at the November election of 1910. The complaint alleges, in substance, that the defendant on July 13, 1911,…

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From. Multnomah.: Henry E. McGinn, Judge. Statement by Mr. Justice Burnett. This is an action by Fred Dorn against the Clarke-Woodward Drug Company, a corporation, instituted under the statute providing for the protection and safety of persons engaged in the construction, repairing, alteration, or other work, upon buildings, etc., enacted by the initiative process at the November election of 1910. The complaint alleges, in substance, that the defendant on July 13, 1911, directed the plaintiff, as its employee, to make certain alterations in the building owned and occupied by the defendant.…

1Opinion of the CourtJustice Burnett

In the statute referred to it is provided that: “ * * Generally, all owners, contractors or subcontractors and other persons having charge of, or responsible for, any work involving a risk or danger to the employees or the public, shall use every device, care and precaution which it is practicable to use for the protection and safety of life and limb, limited only by the necessity for preserving the efficiency of the structure, machine or other apparatus or device, and without regard to the additional cost of suitable material or safety appliance and devices. ”

*5191. The statute is analogous to…

2Cases cited4 opinions

  1. Maynard v. Oregon RailroadOregon Supreme Court · 1904
  2. Love v. Chambers Lumber Co.Oregon Supreme Court · 1913
  3. Hill v. SaugestedOregon Supreme Court · 1908
  4. Guild v. Portland Ry. L. & P. Co.Oregon Supreme Court · 1913

3Cited by27 opinions

  1. Camenzind v. Freeland Furniture Co.Oregon Supreme Court · 1918
  2. State v. JenningsOregon Supreme Court · 1929
  3. Freeman v. Wentworth & Irwin, Inc.Oregon Supreme Court · 1932
  4. Salmi v. Columbia & N. R. R.Oregon Supreme Court · 1915
  5. Marks v. Columbia County Lumber Co.Oregon Supreme Court · 1915

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