McGee v. Carlton Lumber Co.
Oregon Supreme Court
From Tamhill: Webster Holmes, Judge. Statement by Mr. Justice Bean. This is an action brought by the plaintiff, M. A. McGee, against the defendants, the Carlton Lumber Company and the Carlton Fir Lumber Company, to recover damages for a personal injury he received on April 28,1914, while in their employ. McGee was employed as a teamster by the defendants, and was injured by coming in contact with a mono-rail transfer while driving a wood wagon upon one of their docks.
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From Tamhill: Webster Holmes, Judge. Statement by Mr. Justice Bean. This is an action brought by the plaintiff, M. A. McGee, against the defendants, the Carlton Lumber Company and the Carlton Fir Lumber Company, to recover damages for a personal injury he received on April 28,1914, while in their employ. McGee was employed as a teamster by the defendants, and was injured by coming in contact with a mono-rail transfer while driving a wood wagon upon one of their docks. The plant of the defendants, so far as material here, is located upon the ordinary docks which are to be found around ordinary…
1Opinion of the CourtJustice Bean
The defendants claim that the action comes within the rules of the common law and requested an instruction accordingly. The court refused this request, and instructed the jury according to the provisions of the Employers’ Liability Act. The defendants assign this as error.
1. A summary of the plaintiff’s evidence furnishes a fair setting for the case. He testified in part as follows:
“A. My orders was, when I went out of the bam, by the bam boss, Mr. Schaer, to get the load as soon as possible, and he would wait for me up to the barn. And I went down, and I can’t remember whether I took down a…
2Cases cited4 opinions
- McClaugherty v. Rogue River Electric Co.Oregon Supreme Court · 1914
- Wasiljeff v. Hawley Paper Co.Oregon Supreme Court · 1914
- Wolsiffer v. BechillOregon Supreme Court · 1915
- Davis v. Carlton Lumber Co.Oregon Supreme Court · 1915
3Cited by4 opinions
- Mackay v. Commission of PostOregon Supreme Court · 1915
- Williams v. Clemen's Forest Products, Inc.Oregon Supreme Court · 1950
- Hale v. Electric Steel Foundry Co.Oregon Supreme Court · 1948
- Williams v. Clemen's Forest Products, Inc.Oregon Supreme Court · 1950