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ATKINSON v. FAIRVIEW DAIRY FARMS

190 Or. 1 (1950)

222 P.2d 732

ATKINSON v. FAIRVIEW DAIRY FARMS, A CORPORATION

Supreme Court of Oregon.

Affirmed October 10, 1950.

Attorney(s) appearing for the Case

Nels Peterson argued the cause for appellant. On the brief were Green, Landye & Peterson and Donald S. Richardson, all of Portland.

David Fain argued the cause for respondent. With him on the brief were Black & Kendall, all of Portland.

Before BRAND, Acting Chief Justice, and BAILEY, HAY, LATOURETTE and WARNER, Justices.

AFFIRMED.

LATOURETTE, J.

Plaintiff, a driver for the Dairy Co-operative Association, brought action against defendant, Fairview Dairy Farms, a corporation, for assault and battery. It is alleged that one Hensley, an employee of defendant, assaulted plaintiff while plaintiff was delivering milk to the defendant corporation. It appears that all parties above mentioned were, at the time of the episode, under the Workmen's Compensation law. By reason thereof,...

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