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CHILDERS v. SCHAECHER LBR. CO.

234 Or. 230 (1963)

380 P.2d 993

CHILDERS v. SCHAECHER LUMBER CO. ET AL

Supreme Court of Oregon.

Affirmed May 1, 1963.

Attorney(s) appearing for the Case

Joe B. Richards, Eugene, argued the cause for appellant. On the brief were Luvaas, Cobb & Richards.

Duane Vergeer, Portland, argued the cause for respondent. On the brief were Vergeer & Samuels and Frederic P. Roehr.

Before McALLISTER, Chief Justice, and ROSSMAN, SLOAN, GOODWIN and LUSK, Justices.

AFFIRMED.

LUSK, J.

Plaintiff brought this third-party action, based on negligence, to recover damages for personal injuries sustained while he was engaged with an employee of the defendants in dumping logs on premises owned by the defendants. Plaintiff and his employer and defendants and their employee were subject to the Workmen's Compensation Act. The defendants filed a supplemental answer pursuant to ORS 656.324(3) by which they challenged the right of...

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