Eckhardt v. Jones' Market
Oregon Supreme Court
From Multnomah: John Me Court, Judge. Department 1. This is an action for damages for personal injuries. The complaint alleges substantially that the defendant on December 24, 1918, was operating, a meat market wherein a factory or workshop was maintained, in which power-driven machinery was used and manual labor exercised by way of trade for gain in making sausage for sale, and over which premises the defendant had the right of control and the right of access thereto; that…
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From Multnomah: John Me Court, Judge. Department 1. This is an action for damages for personal injuries. The complaint alleges substantially that the defendant on December 24, 1918, was operating, a meat market wherein a factory or workshop was maintained, in which power-driven machinery was used and manual labor exercised by way of trade for gain in making sausage for sale, and over which premises the defendant had the right of control and the right of access thereto; that prior to the injury complained of, the defendant elected not to become bound by the provisions of Chapter 112 of the…
1Opinion of the CourtMoBRIDE, J.
It becomes important at the outset to inquire as to the extent to which an employer may be held liable under the provisions of the Workmen’s Compensation Act in those cases where he has expressly notified the Industrial Accident Commission that he declines to avail himself of its provisions. In the case at bar the defendant had expressly notified the commission of its intention not to be so bound and therefore, by the provisions of Section 6620, Or. L., it is deprived of the defenses of assumption of risk and contributory negligence, except so far as the jury may take contributory negligence…
2Cases cited3 opinions
- Miller v. City of St. PaulSupreme Court of Minnesota · 1888
- Casey v. Frank Jones Brewing Co.Supreme Court of New Hampshire · 1918
- Morin v. Nashua Manufacturing Co.Supreme Court of New Hampshire · 1918
3Cited by6 opinions
- Hoffman v. Broadway HazelwoodOregon Supreme Court · 1932
- Parrott v. HansonOregon Supreme Court · 1946
- McBee v. HaleNew Mexico Supreme Court · 1952
- Jennings v. State Industrial Accident CommissionOregon Supreme Court · 1951
- Christensen, State Treas. v. SikoraWyoming Supreme Court · 1941
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