Rogers v. Portland Lumber Co.
Oregon Supreme Court
Statement by Mr. Justice Eakin. This is an action for personal injuries suffered by plaintiff, Joseph M. Rogers, on July 18, 1907, while employed in defendant’s sawmill. Plaintiff was employed as an assistant to Van Loo, a millwright, and, at the time of the injury complained of, he was helping Van Loo, in the line of his duty, in repairing one of the chains used in transferring timber from the main carriage to the pony carriage, which conveys the timber to the saw.
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Statement by Mr. Justice Eakin. This is an action for personal injuries suffered by plaintiff, Joseph M. Rogers, on July 18, 1907, while employed in defendant’s sawmill. Plaintiff was employed as an assistant to Van Loo, a millwright, and, at the time of the injury complained of, he was helping Van Loo, in the line of his duty, in repairing one of the chains used in transferring timber from the main carriage to the pony carriage, which conveys the timber to the saw. The cogwheel gearing in which plaintiff was injured and the chain upon which the repairs were being made were situated…
1Opinion of the CourtJustice Eakin
1. Plaintiff, in his brief, relies on the provisions of the act of February 25, 1907 (Laws 1907, p. 302), providing for safeguarding dangerous machinery in mills and factories, as precluding the defense that plaintiff assumed the risk of unguarded machinery. To entitle an employee to recover for injuries, resulting from a violation of the provisions of that act, it is necessary to plead noncompliance by the employer with the terms of the act, and that the injury was the result of such noncompliance, and also plead a compliance by plaintiff with the conditions of recovery for resulting injury…
2Cases cited7 opinions
- Barnowsky v. HelsonMichigan Supreme Court · 1891
- Blanton v. DolbSupreme Court of Missouri · 1891
- Griffin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1889
- Mooney v. Connecticut River Lumber Co.Massachusetts Supreme Judicial Court · 1891
- Donahue v. DrownMassachusetts Supreme Judicial Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gordon v. Muehling Packing Co.Supreme Court of Missouri · 1931
- Cameron v. Pacific Lime & Gypsum Co.Oregon Supreme Court · 1914
- Hicks v. Peninsula Lumber Co.Oregon Supreme Court · 1923
- Vanyi v. Portland Flouring Mills Co.Oregon Supreme Court · 1912
- Claris v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1935
3 more not listed; retrieve them via the Exa API.