Drefs v. Holman Transfer Co.

While it seems probable that a cause of action exists which could be properly urged by an administrator of the deceased under Section 380, Or. L., we are of the opinion that no cause of action exists under the Employers’ Liability Act. Soon after the statute was enacted, cases began coming to this court involving the construction of various phases of the statute, and from the decisions of these cases, the writer feels that we have deduced and worked out the following formula:

In order that an employee may recover under the Employers’ Liability Act, the orbit or scope of his employment must…