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TUCKER v. STATE IND. ACC. COM.

216 Or. 74 (1959)

337 P.2d 979

TUCKER v. STATE INDUSTRIAL ACCIDENT COMMISSION

Supreme Court of Oregon.

Modified and remanded April 15, 1959.

Attorney(s) appearing for the Case

Earl M. Preston, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were Robert Y. Thornton, Attorney General, and Ray H. Lafky, Assistant Attorney General, Salem.

C.S. Emmons, Albany, argued the cause for respondent. On the brief were Willis, Kyle & Emmons, Albany.

Before PERRY, Chief Justice, and ROSSMAN, LUSK, WARNER, McALLISTER, and SLOAN, Justices.

MODIFIED AND REMANDED.

McALLISTER, C.J.

In this case the plaintiff, Lyall Tucker, seeks to recover benefits allegedly due him under the Workmen's Compensation Law, hereinafter referred to as the act. The jury returned a verdict for the plaintiff and from the judgment based thereon, the defendant, State Industrial Accident Commission, appeals.

Plaintiff alleges in his complaint that he was employed by the Cedar Creek Logging Company in its logging operations...

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