Foster v. University Lumber Co.
Oregon Supreme Court
From Multnomah: John P. Kavanaugh, Judge. Statement by Mr. Chief Justice McBride. This is an action by Charles L. Foster against the University Lumber and Shingle Company, a corporation, to recover for personal injuries sustained by plaintiff. The complaint alleges, in substance: That plaintiff was employed by defendant as a sawyer in its shingle-mill.
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From Multnomah: John P. Kavanaugh, Judge. Statement by Mr. Chief Justice McBride. This is an action by Charles L. Foster against the University Lumber and Shingle Company, a corporation, to recover for personal injuries sustained by plaintiff. The complaint alleges, in substance: That plaintiff was employed by defendant as a sawyer in its shingle-mill. That defendant had placed in its mill a jointer saw, and had constructed and placed over and above the saw a guard for the purpose of preventing injury to the employees in and about the mill, and to prevent injury to the person by reason of…
1DissentJustice Burnett
delivered the following dissenting opinion:
The plaintiff instituted this action to recover damages from the defendant for injuries suffered by him in its mill on account of the alleged negligence of the defendant in not providing for him a safe place in which to work. Admitting that the plaintiff was injured, the defendant denied all liability therefor and affirmatively pleaded, with other defenses, that the plaintiff, in consideration of the payment to him of $200, released the defendant from all liability on account of the accident described in the complaint. The release was in writing, and…
2Cases cited37 opinions
- Scott v. WaltonOregon Supreme Court · 1898
- Spitze v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1892
- Olston v. Oregon Water Power & Ry. Co.Oregon Supreme Court · 1908
- Hawkins v. HawkinsCalifornia Supreme Court · 1875
- Leddy v. BarneyMassachusetts Supreme Judicial Court · 1885
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