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LAYTON v. LEEP LOGGING

247 Or. 580 (1967)

430 P.2d 1008

LAYTON, Respondent, v. LEEP LOGGING, INC., Appellant.

Supreme Court of Oregon.

Reversed August 23, 1967.

Petition for rehearing denied September 19, 1967.

Attorney(s) appearing for the Case

John E. Jaqua, Eugene, argued the cause for appellant. On the briefs were Jaqua, Wheatley & Gardner, Eugene.

E.B. Sahlstrom, Eugene, argued the cause for respondent. On the brief were Sahlstrom & Starr, Eugene.

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

REVERSED.

SLOAN, J.

This is a typical third party action where plaintiff's right to recover from defendant depends upon whether or not there was joint supervision and control of the premises where plaintiff was injured. The injury occurred at defendant's log dump when plaintiff, the driver of a log truck, was hit by a log falling from the truck as it was being unloaded. A part of defendant's log dump was on a roadway...

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