Childers v. Schaecher Lumber Co.

Plaintiff brought this third-party action, based on negligence, to recover damages for personal injuries sustained while he was engaged with an employee of the defendants in dumping logs on premises owned by the defendants. Plaintiff and his employer and defendants and their employee were subject to the Workmen’s Compensation Act. The defendants filed a supplemental answer pursuant to ORS 656.324(3) by which they challenged the right of the plaintiff to maintain the action in view of the provisions of ORS 656.154.①

*232The case was put at issue and after a trial the court entered findings of fact…