Byers v. Hardy

The events which culminated in this action seem fateful and were tragic. Plaintiffs’ decedent, whom we shall refer to as Byers, surrendered his life in a merciful but futile effort to save the life of another. These plaintiffs, the widow and minor children of Byers, sought, by this means, to assert a third party action against the defendants within the benefits of the Employers’ Liability Act. The defendants responded with supplemental pleadings which challenged their right to maintain the action. ORS 656.324(3). The trial court sustained the defendants and plaintiffs appeal. A telling of the…