Westman v. Wind River Lumber Co.
Oregon Supreme Court
From Multnomah: Alfred F. Sears, Jr., Judge. Statement by Mr. Chief Justice Bean. This is a personal injury action by David Westman against the Wind River Lumber Co. Plaintiff was engaged as oiler in defendant’s sawmill, was caught in the machinery and severely injured. At the time of the accident he was between 15 and 16 years of age.
Read the full summary
From Multnomah: Alfred F. Sears, Jr., Judge. Statement by Mr. Chief Justice Bean. This is a personal injury action by David Westman against the Wind River Lumber Co. Plaintiff was engaged as oiler in defendant’s sawmill, was caught in the machinery and severely injured. At the time of the accident he was between 15 and 16 years of age. About a year prior to that time he bad worked for defendant for a few months piling slabs and wheeling sawdust, but had nothing to do with tie machinery in the mill. He applied for re-employment two or three weeks before the accident, and wanted $2 a day, but…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
1. The first assignment of error is based on the admission of testimony tending to show that defendant could have guarded or protected the machinery about which plaintiff was working at the time of the accident at slight expense and without inter*140fering with the reasonable and efficient operation of its business, thereby lessening the: danger to him by coming in contact with such machinery. The contention of defendant is that, unless required by law, it is not the duty of'-a master to cover, fence or guard dangerous machinery or dangerous premises, where its…
2Cases cited9 opinions
- Macdonald v. O'ReillyOregon Supreme Court · 1904
- Foley v. California Horseshoe Co.California Supreme Court · 1896
- Roth v. Northern Pacific Lumbering Co.Oregon Supreme Court · 1889
- Rock v. Indian Orchard MillsMassachusetts Supreme Judicial Court · 1886
- Gilbert v. GuildMassachusetts Supreme Judicial Court · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Camenzind v. Freeland Furniture Co.Oregon Supreme Court · 1918
- Freeman v. Wentworth & Irwin, Inc.Oregon Supreme Court · 1932
- Gigoux v. Yamhill CountyOregon Supreme Court · 1914
- Hamilton v. RedemanOregon Supreme Court · 1939
- Magone v. Portland Mfg. Co.Oregon Supreme Court · 1908
6 more not listed; retrieve them via the Exa API.