WIENKE v. OCHOCO LUMBER COMPANY

No. 9790.

558 P.2d 319 (1976)

276 Or. 1159

Faye WIENKE et al., Appellants, v. OCHOCO LUMBER COMPANY, a Corporation, Respondent.

Supreme Court of Oregon.

Decided December 30, 1976.


Attorney(s) appearing for the Case

David A. Vinson, Eugene, argued the cause for appellants. With him on the briefs was Malagon, Starr & Vinson, Eugene.

William M. Holmes, Bend, argued the cause for respondent. With him on the brief was Gray, Fancher, Holmes & Hurley, Bend.

Before DENECKE, C.J., and O'CONNELL, HOLMAN, TONGUE, HOWELL and BRYSON, JJ.


Argued and Submitted at Pendleton on October 26, 1976.

HOLMAN, Justice.

This is an action for damages for the death of a timber faller who was killed by a tree felled by a co-worker. The issue on appeal is whether defendant owed a duty under the Employers' Liability Law (the Act) to plaintiffs' decedent, who was employed by a contractor of defendant.

Plaintiffs' decedent was killed on December 12, 1969. Until 1966 he had been an employee of defendant...

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