Kemp v. Utah Construction & Mining Co.

KILKENNY, District Judge.

Poised for decision, on plaintiff's motion to remand, is the question of whether certain rules and regulations promulgated by the Oregon State Industrial Accident Commission cast civil liability on the defendant, Costello, a foreman of the corporate defendant.

Plaintiff, while employed by Utah, was assigned by Costello to assist in the repair of a machine. Plaintiff used his own tools. In the course of the repair, the plaintiff was required to remove a bearing, and in so doing placed his metal *251punch upon the bearing. A co-worker, in the line of his duties, hit the…