PACIFIC STATES LUMBER CO. v. BARGAR

No. 4686.

10 F.2d 335 (1926)

PACIFIC STATES LUMBER CO. v. BARGAR.

Circuit Court of Appeals, Ninth Circuit.

January 18, 1926.


Attorney(s) appearing for the Case

Goss & Murphy, of Marshfield, Or., and W. D. Burnett, of Portland, Or., for plaintiff in error.

Lord & Moulton, of Portland, Or., for defendant in error.

Before HUNT, RUDKIN, and McCAMANT, Circuit Judges.


McCAMANT, Circuit Judge.

Defendant claims that plaintiff neither alleged nor proved a cause of action under the Employers' Liability Statute. It appeared that at the time plaintiff was injured he was employed by Coos Bay Stevedoring Company. This corporation was loading on the steamship De Perre a cargo of lumber supplied by the defendant. The vessel was moored at the defendant's dock, and the defendant was delivering the lumber within reach of the ship's gear. The...

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