Brown v. Underwood Lumber Co.

This is an action brought under the Employers’ Liability Act (§§ 102-1601 et seq. O.C.L.A.) to recover damages sustained by surviving children on account of the death of their father, alleged to have been caused through the negligence of the defendant Underwood Lumber Company. Brown, who was employed by the Warner Mountains Lumber Company as a scaler, was killed when a log rolled off a truck as it was being loaded thereon.

The Underwood Lumber Company challenges the right of the plaintiffs to maintain this action for the reason that, at the time of the accident, both Brown’s employer and it…