Burroughs v. Curtiss Lumber Co.
Oregon Supreme Court
From Marion: George H. Burnett, Judge.- Statement by Mr. Justice McBride. This is an action by S. J. Burroughs against The Curtiss Lumber Company to recover damages for an injury received by plaintiff while he was at work as an oiler on defendant’s sawmill.
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From Marion: George H. Burnett, Judge.- Statement by Mr. Justice McBride. This is an action by S. J. Burroughs against The Curtiss Lumber Company to recover damages for an injury received by plaintiff while he was at work as an oiler on defendant’s sawmill. Among other things, it is alleged that defendant negligently suffered certain parts of its machinery to remain and be operated without proper safeguarding appliances and particularly allowed dangerous, unlawful, out of date, and prohibited set screws to be used and kept in operation in its mill; and especially set out that, while plaintiff…
1Opinion of the CourtJustice McBribe
1. There was no error in the rejection of the testimony of Roy Crabtree. The issue raised by the answer was that plaintiff oiled this part of the machinery while it was in motion, which was contrary to orders. How anybody else may have oiled it was wholly immaterial; that some other person or persons might have been negligent in their work would not excuse plaintiff.
2. The subsequent question, “What was the proper time of day to oil the feed works?” was also incompetent, as the witness was not shown to have any knowledge on that subject.
3. The fact that he had been a laborer somewhere about…
2Cases cited1 opinion
- Peterson v. Standard Oil Co.Oregon Supreme Court · 1910
3Cited by4 opinions
- Camenzind v. Freeland Furniture Co.Oregon Supreme Court · 1918
- McClaugherty v. Rogue River Electric Co.Oregon Supreme Court · 1914
- Sheppard v. FirthOregon Supreme Court · 1959
- State v. BaucomCourt of Appeals of Oregon · 1977