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BOWERS v. MATHIS

571 P.2d 489 (1977)

Kurth BOWERS, Appellant, v. John MATHIS, Dba Gradall Rentals, Respondent.

Supreme Court of Oregon, Department 1.

Decided November 8, 1977.

Attorney(s) appearing for the Case

Raymond J. Conboy, Portland, argued the cause for appellant. With him on the brief were Dan O'Leary and Pozzi, Wilson, Atchison, Kahn & O'Leary, Portland.

Allen Reel, Portland, argued the cause for respondent. With him on the brief were Garr M. King and Kennedy, King & McClurg, Portland.

Before DENECKE, C.J., HOWELL and LENT, JJ., and GILLETTE, J. Pro Tem.

LENT, Justice.

Plaintiff, an Oregon workman, was injured on the job in Oregon allegedly by the negligence of an employe of the defendant, an employer based in the State of Washington. Plaintiff filed a complaint in negligence and the defendant, by supplemental answer, asserted the statutory "joint premises defense" of former ORS 656.154.1

The trial court held an evidentiary hearing pursuant to ORS 656.595(3)2...

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