RICH v. TITE-KNOT PINE MILL


245 Or. 185 (1966)

421 P.2d 370

RICH v. TITE-KNOT PINE MILL

Supreme Court of Oregon.

Reversed and remanded December 14, 1966.


Attorney(s) appearing for the Case

William M. Holmes, Bend, argued the cause for appellant. With him on the briefs were DeArmond, Goodrich, Gray, Fancher & Holmes, Bend.

Owen M. Panner, Bend, argued the cause for respondent. With him on the brief were Roy Kilpatrick, and McKay, Panner, Johnson & Marceau, Bend.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, Justices.


REVERSED AND REMANDED.

HOLMAN, J.

Plaintiff brought an action against defendant for damages because of personal injuries received while in defendant's sawmill. Plaintiff's complaint contained two alternative theories of recovery. The first was based upon common law negligence and the second was under the Employers' Liability Act. Upon the completion of plaintiff's case in chief the court granted an involuntary non-suit as to plaintiff's second theory. The...

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