Allen v. Standard Box & Lumber Co.
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Statement by Mr. Chief Justice Bean. This is an action to recover damages for an alleged injury received by plaintiff while in the service of defendant. Defendant is a corporation engaged in the manufacture of lumber.
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From Multnomah: John B. Cleland, Judge. Statement by Mr. Chief Justice Bean. This is an action to recover damages for an alleged injury received by plaintiff while in the service of defendant. Defendant is a corporation engaged in the manufacture of lumber. At the time of the accident, its sawmill department was under a foreman named Mullet, who had general charge thereof, with authority to hire and discharge men, to purchase supplies, to make or cause to be made all necesary repairs of machinery and appliances, and, generally, “to have such work done as he felt ought to be done, without…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
1. The motions for nonsuit and for a directed verdict were properly overruled. They were grounded on the theory that the foreman was a fellow servant with the plaintiff. It is the positive duty of a master to furnish his servant with reasonably safe machinery, instrumentalities, and appliances to work with, and by the use of ordinary care and diligence in making repairs to keep them in a reasonably safe condition, and he is liable for the negligent performance of this duty, whether he undertake to perform it himself or intrust it to another (26 Cyc. 1186: 12…
2Cases cited4 opinions
- Cregan v. . MarstonNew York Court of Appeals · 1891
- Corcoran v. . HolbrookNew York Court of Appeals · 1875
- Johnson v. Boston Tow-Boat Co.Massachusetts Supreme Judicial Court · 1883
- Mast v. KernOregon Supreme Court · 1898
3Cited by18 opinions
- Frangos v. EdmundsOregon Supreme Court · 1946
- Morton Salt Co. v. WellsTexas Supreme Court · 1934
- Leadbetter v. PriceOregon Supreme Court · 1921
- DeVall v. DeVallOregon Supreme Court · 1910
- McGee v. BeckleyOregon Supreme Court · 1909
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