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JENNINGS v. STATE IND. ACC. COMM.

190 Or. 557 (1951)

227 P.2d 829

JENNINGS v. STATE INDUSTRIAL ACCIDENT COMMISSION OF OREGON

Supreme Court of Oregon.

Reversed and remanded February 14, 1951.

Attorney(s) appearing for the Case

C.S. Emmons argued the cause for appellant. With him on the brief were Osterman & Williams, of Salem, and Willis, Kyle & Emmons, of Albany.

Ray H. Lafky, Assistant Attorney General, of Salem, argued the cause for respondent. With him on the brief were George Neuner, Attorney General, T. Walter Gillard, Assistant Attorney General, and Roy K. Terry, Assistant Attorney General, all of Salem.

Before BRAND, Chief Justice, HAY, LUSK, LATOURETTE and WARNER, Justices.

REVERSED AND REMANDED.

LATOURETTE, J.

This is an appeal by plaintiff from a judgment entered against him after defendant's general demurrer to the complaint had been sustained and plaintiff had refused to further plead. The facts are as follows:

Plaintiff was employed by the owner and operator of a Ferris wheel, which, at the time in question, was being assembled preparatory to its actual operation. When plaintiff was injured, he was running the gasoline...

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