Jenkins v. Carman Mfc. Co.
Oregon Supreme Court
From Multnomah.: Henry E. McGinn, Judge. Statement by Mr. Justice McBride. This is an action by Manoah A. Jenkins against the Carman Manufacturing Company, a corporation, for personal injuries, which plaintiff claims to have sustained by reason of defective machinery or appliances in defendant’s sawmill.
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From Multnomah.: Henry E. McGinn, Judge. Statement by Mr. Justice McBride. This is an action by Manoah A. Jenkins against the Carman Manufacturing Company, a corporation, for personal injuries, which plaintiff claims to have sustained by reason of defective machinery or appliances in defendant’s sawmill. That portion of the complaint which declares the cause of plaintiff’s injury is as follows: “Among the machines, instrumentalities and devices used by said company is one certain machine known as a lumber roller or conveyor, which was used to convey slabs of lumber sawed from logs to the…
1Opinion of the CourtJustice McBride
1, 2. Plaintiff, having chosen to take advantage of the Workmen’s Compensation Act, cannot recover, unless he brings himself within one of the exceptions mentioned therein. The exceptions here to be noted are Sections 22 and 25 of the act, which constitute Chapter 112 of the Laws of 1913. They provide:
“Sec. 22. If injury or death results to a workman from the deliberate intention of the workman himself to produce such injury or death, neither the workman nor the widow, widower, child or dependent of the workman shall receive any payment whatsoever out of *452the accident fund. If injury or death…
2Cases cited2 opinions
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