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NORMAN v. CUNNINGHAM SHEEP CO.

233 Or. 385 (1963)

377 P.2d 916

NORMAN v. CUNNINGHAM SHEEP COMPANY

Supreme Court of Oregon.

Reversed and remanded January 23, 1963.

Petition for rehearing denied February 19, 1963.

Attorney(s) appearing for the Case

Duane Vergeer, Portland, argued the cause for appellant. With him on the briefs were Charles S. Crookham and Vergeer & Samuels, Portland.

Clifford B. Olsen, Portland, argued the cause for respondent. With him on the brief were Anderson, Franklin, Jones & Olsen, Portland.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, O'CONNELL, GOODWIN, LUSK and DENECKE, Justices.

REVERSED.

GOODWIN, J.

The defendant employer appeals from a judgment for the plaintiff workman in an action brought under the Employers' Liability Law (ORS 654.305 to 654.335).

In the course of his duties, the plaintiff was required to remove a belt which transferred power from a large stationary engine to a hay chopper. With the machinery shut down, the plaintiff stuck the pointed end of a crowbar in the ground...

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