Brasel v. Oregon R. & N. Co.
Oregon Supreme Court
Statement by Mr. Justice McBride. This is an action brought by Ezra S. Brasel on account of injuries received by him from a fall from the running board of one of defendant’s locomotives. Plaintiff was employed by defendant, at its roundhouse and repair shop at La Grande, as a boiler washer and cleaner.
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Statement by Mr. Justice McBride. This is an action brought by Ezra S. Brasel on account of injuries received by him from a fall from the running board of one of defendant’s locomotives. Plaintiff was employed by defendant, at its roundhouse and repair shop at La Grande, as a boiler washer and cleaner. The complaint alleges, in substance, that on the day of the accident he was engaged in washing and cleaning a boiler, in defendant’s roundhouse, by means of a hose furnished by defendant; that, for the purpose of access to such boiler, it is the custom, and necessary, to have a foot-board,…
1Opinion of the CourtJustice McBride
The evidence of plaintiff and his witnesses tended to, show that the roundhouse and repair shop of defendant *160was a building semi-circular in form, not very well lighted, but sufficiently light to enable a workman to prosecute his labors without the aid of artificial light; that the engine in question had been brought into one of the stalls in the roundhouse and “spotted” for repairs; that, according to the regular custom, the engineer of the locomotive in question had filed his report, which was entitled in capital letters as follows:
ENGINEER’S condition of engine and work report. WORK NEEDED.
2Cases cited4 opinions
- City of Minneapolis v. LundinCourt of Appeals for the Eighth Circuit · 1893
- Gulf, C. & S. F. Ry. Co. v. JacksonCourt of Appeals for the Eighth Circuit · 1894
- Branham v. Camden Cotton MillSupreme Court of South Carolina · 1901
- Burke v. National India Rubber Co.Supreme Court of Rhode Island · 1899
3Cited by2 opinions
- Sonniksen v. Hood River Gas & Electric Co.Oregon Supreme Court · 1915
- Pfeiffer v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1914