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KRUSE v. COOS HEAD TIMBER CO.

248 Or. 294 (1967)

432 P.2d 1009

KRUSE, Appellant, v. COOS HEAD TIMBER COMPANY, Respondent.

Supreme Court of Oregon.

Affirmed November 8, 1967.

Petition for rehearing denied November 28, 1967.

Attorney(s) appearing for the Case

Phillip A. Levin, Portland, argued the cause for appellant. With him on the briefs were Pozzi, Levin & Wilson, Portland.

John Foss, Coos Bay, argued the cause for respondent. With him on the brief were McKeown, Newhouse & Johansen.

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

AFFIRMED.

HOLMAN, J.

This is an action by an employe to recover damages from his employer for personal injuries suffered in the course of employment. Defendant had elected non-compliance with the provisions of the Workmen's Compensation Law. Plaintiff contended defendant was guilty of common law negligence as well as violation of the Employer's Liability Act. The jury returned a verdict for defendant and plaintiff appealed.

Plaintiff was removing limerock...

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