Browning v. Smiley-Lampert Lumber Co.
Oregon Supreme Court
From Clatsop: James A. Eakin, Judge. Statement by Mr. Justice Bean. Tbis is an action by Bandal Browning against the Smiley-Lampert Lumber Company, for damages for a personal injury. The cause was tried before a jury. At the close of plaintiff’s evidence, the court entered a judgment of nonsuit, from which plaintiff appeals.
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From Clatsop: James A. Eakin, Judge. Statement by Mr. Justice Bean. Tbis is an action by Bandal Browning against the Smiley-Lampert Lumber Company, for damages for a personal injury. The cause was tried before a jury. At the close of plaintiff’s evidence, the court entered a judgment of nonsuit, from which plaintiff appeals. The plaintiff claims that the injury was inflicted through the negligence of the defendant, acting by Henry Lee, the head sawyer, in the former’s sawmill where plaintiff was hurt; that the head sawyer had the full direction and control of the machinery for loading logs…
1Opinion of the CourtJustice Bean
It is contended by plaintiff that under the Employers’ Liability Act, adopted by the people November 8,1910 (Laws 1911, p. 16), the defendant is responsible, and that the trial court erred in granting a judgment of nonsuit. The contention of defendant is that there was no testimony to show that Henry Lee, the head sawyer, was careless, negligent or incompetent; that if there was any negligence it was the negligence of a fellow-servant in a matter of the mere operation of machinery; that the case does not come within the provisions of the Employers’ Liability Act; that it is governed by the…
2Cases cited16 opinions
- Chicago, Indianapolis & Louisville Railway Co. v. HackettSupreme Court of the United States · 1913
- Dorn v. Clarke-Woodward Drug Co.Oregon Supreme Court · 1913
- Mast v. KernOregon Supreme Court · 1898
- Schulte v. Pacific Paper Co.Oregon Supreme Court · 1913
- Dunn v. Orchard Land Co.Oregon Supreme Court · 1913
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3Cited by9 opinions
- Camenzind v. Freeland Furniture Co.Oregon Supreme Court · 1918
- Peery v. FletcherOregon Supreme Court · 1919
- Nielsen v. Portland Gas & Coke Co.Oregon Supreme Court · 1915
- Smith v. Shevlin-Hixon Co.Court of Appeals for the Ninth Circuit · 1946
- Davis v. Carlton Lumber Co.Oregon Supreme Court · 1915
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