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CARLSTON v. GREENSTEIN

471 P.2d 806 (1970)

Charles CARLSTON, Appellant, v. Morris GREENSTEIN, Doing Business As Empire Metals Company, Defendant, and Stanford J. Nudelman, Doing Business As S.J. Nudelman & Son, Respondent.

Supreme Court of Oregon.

Decided July 9, 1970.

Attorney(s) appearing for the Case

Berkeley Lent, Portland, argued the cause for appellant. On the brief were Lent, York, Paulson & Bullock, Edwin A. York and Dennis W. Skarstad, Portland.

Thomas Cavanaugh, Portland, argued the cause for respondent. On the brief were Schouboe & Cavanaugh, Portland.

Before McALLISTER, P.J., and SLOAN, O'CONNELL, DENECKE, HOLMAN, TONGUE, and HOWELL, JJ.

McALLISTER, Justice.

This is a damage action for injuries sustained by plaintiff while working on the premises of his employer Greenstein unloading a truck belonging to the defendant Nudelman. The trial court dismissed the action as to Nudelman and plaintiff appeals.

Plaintiff was employed by defendant Greenstein, a dealer in scrap metal, who had rejected coverage under the Workmen's Compensation Act. On September 4, 1965, Nudelman delivered a load of scrap...

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