Hovedsgaard v. Grand Rapids Store Equipment Corp.

The question confronting us here is whether the trial court erred in granting a new trial.

At the time the testimony was offered to the effect that power driven machinery was used in the plant of defendant corporation, plaintiff claimed that the provisions of the Workmen’s Compensation Law and of the Employers ’ Liability Act applied to the case. Under the first named law, an employer who has elected not to contribute to the fund provided thereby is deprived of the defense of contributory negligence: Sections 49-1819 and 49-1820, Oregon Code 1930. Under the latter, contributory negligence is…