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WELLS v. NIBLER

189 Or. 593 (1950)

221 P.2d 582

WELLS v. NIBLER

Supreme Court of Oregon.

Affirmed August 29, 1950.

Petition for rehearing denied September 26, 1950.

Attorney(s) appearing for the Case

Carl D. Etling, of Portland, argued the cause and filed a brief for appellant.

John F. Kilkenny argued the cause for respondent. On the brief were Raley, Kilkenny & Raley, of Pendleton.

Before LUSK, Chief Justice, and BRAND, BELT, ROSSMAN and LATOURETTE, Justices.

AFFIRMED.

LATOURETTE, J.

This action was brought under the state Employers' Liability Act. Plaintiff was directed to climb a locust tree on the farm of the defendant to trim some limbs. The tree was about one-and-one-half to two feet in diameter on the trunk and approximately forty or fifty feet in height. At the time of the accident, plaintiff, after having shinned up the tree, was about twenty feet from the ground equipped with a small saw and was engaged...

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