Ritchey v. Tubandt

The first requested instruction refused by the court reads:

“I instruct you that the fact, if it is a fact, that an inspector from the factory inspection department of the Bureau of Labor of the State of Oregon inspected the boiler in question and made a report thereon forbidding the use of said boiler as a steam generator would not, as a matter of law, prohibit use of said boiler as a part of such donkey engine for the purpose of logging operations.”

While the foregoing may be a correct statement of abstract law, it has no application to the material issues made by the pleadings or by the…