Wills v. Palmer Lumber Co.
Oregon Supreme Court
From Union: John W. Knowles, Judge. Statement by Mr. Justice Moore. This action is based on the factory inspection act (Section 5040 et seq., L. O. L.), and was instituted by Joseph M. Wills against the George Palmer Lumber Company, a corporation, to recover damages for a personal injury. The defendant owns and operates a box factory, a part of the machinery of which consists of a circular saw projecting three inches above the surface of a table.
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From Union: John W. Knowles, Judge. Statement by Mr. Justice Moore. This action is based on the factory inspection act (Section 5040 et seq., L. O. L.), and was instituted by Joseph M. Wills against the George Palmer Lumber Company, a corporation, to recover damages for a personal injury. The defendant owns and operates a box factory, a part of the machinery of which consists of a circular saw projecting three inches above the surface of a table. Short pieces of lumber are pushed by hand along the table against the saw, an adjustable gauge regulating the width of the cut. Countersunk in and…
1Opinion of the CourtJustice Moore
It is maintained by defendant’s counsel that the court committed several errors, to which exceptions were duly reserved. It is insisted by plaintiff’s counsel, however, that though this cause was tried prior to November 8, 1910, when Section 3 of Article VII of the constitution was amended (1 L. O. L., p. xxiv), the bill of exceptions was not settled until December 26th of that year, and as all the testimony has been brought up, the appeal is governed by the practice prescribed by the altered fundamental law, and, such being the case, any error committed at the trial should be disregarded and…
2Cases cited2 opinions
- Blumauer-Frank Drug Co. v. Horticultural Fire ReliefOregon Supreme Court · 1911
- Darling v. MilesOregon Supreme Court · 1910
3Cited by9 opinions
- Cloyes v. EckernOregon Supreme Court · 1912
- Love v. Chambers Lumber Co.Oregon Supreme Court · 1913
- Devroe v. Portland Ry. L. & P. Co.Oregon Supreme Court · 1913
- State v. McDonaldOregon Supreme Court · 1911
- Johnson v. Portland Ry., L. & P. Co.Oregon Supreme Court · 1916
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