SCHROEDER v. BLITZ-WEINHARD COMPANY


504 P.2d 719 (1972)

Gregory SCHROEDER, Respondent, v. BLITZ-WEINHARD COMPANY, an Oregon Corporation, Appellant.

Supreme Court of Oregon, In Banc.

Decided December 21, 1972.


Attorney(s) appearing for the Case

David C. Landis, of Gearin, Landis & Aebi, Portland, argued the cause and filed briefs for appellant.

Alex Parks, Portland, argued the cause for respondent. On the brief were White, Sutherland, Brownstein & Parks and David F. Rennie, Portland.


McALLISTER, Justice.

The plaintiff is a mechanic employed by Pacific Scale Company, who, during a service call to defendant's brewery, was injured while using defendant's hoist. The jury returned a verdict for plaintiff and defendant appeals. We reverse.

The controlling question is whether plaintiff was negligent as a matter of law in attempting to ride on the hoist while using it to lift his equipment.

Plaintiff's job was to install and service scales...

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