BABB v. LEWIS


244 Or. 537 (1966)

419 P.2d 423

BABB v. LEWIS, STATE INDUSTRIAL ACCIDENT COMMISSION

Supreme Court of Oregon.

Reversed with instructions October 26, 1966.


Attorney(s) appearing for the Case

Noreen A. Saltveit, Assistant Attorney General, Portland, argued the cause for appellant. With her on the briefs were Robert Y. Thornton, Attorney General, and Wallace Carpenter, Assistant Attorney General, Salem.

George Des Brisay, Portland, argued the cause for respondent. On the brief were Franklin, Olsen, Bennett & Des Brisay, Portland.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, HOLMAN and HAMMOND, Justices.


REVERSED WITH INSTRUCTIONS.

PER CURIAM.

The plaintiff was employed by Loren W. Lewis for the purpose of cleaning and painting the inside of a tavern situated on the outskirts of Portland and owned by Lewis. On or about February 5, 1964, the plaintiff sustained an injury to his neck when he tripped and fell in a walk-in beer cooler he was painting.

In September, 1964, plaintiff filed his claim for workmen's compensation with the commission and his claim...

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