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METCALF v. ROESSEL

465 P.2d 699 (1970)

Benjamin METCALF, Appellant, v. W.R. ROESSEL, Ted Roessel, and George A. Collins, a Partnership Doing Business under the Firm Name of C.R. and K. Logging Company, Respondent.

Supreme Court of Oregon, In Banc.

Decided February 27, 1970.

Attorney(s) appearing for the Case

Jack B. Lively, Springfield, argued the cause for appellant. With him on the briefs were William Wiswall, A. Duane Pinkerton, II, and Sanders, Lively, Camarot & Winswall, Springfield.

Richard Bryson, Eugene, argued the cause for respondent. With him on the brief were Windsor Calkins and J.W. McCracken, Jr., Eugene.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE, and HOLMAN, JJ.

HOLMAN, Justice.

This was an action brought by an employee against an employer other than his own under the theories of common law negligence and the violation of the Employers' Liability Act. Plaintiff sought damages for personal injuries which were inflicted when a defective tree blew across the cab of a logging truck driven by him. The trial court directed a verdict in favor of defendants and plaintiff appealed.

The facts will be recounted in the manner...

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