136 P. 872 | Or. | 1913
delivered tbe opinion of tbe court.
Tbe vital question urged by the defendant is whether or not tbe action is governed by what is known as tbe “employers’ liability law,” a measure adopted by tbe initiative process at tbe general election held in November, 1910: Laws'1911, Cb. 3. It is provided by Section 1 of that act that “all owners, contractors, subcontractors, corporations or persons whatsoever, engaged in tbe construction, repairing, alteration, removal, or painting of any building, bridge, viaduct, or other structure, or in tbe erection or operation of any machinery,” are required to thoroughly inspect all materials used, and to construct all scaffolding, staging, false work, or other temporary structure with a safety factor of four times tbe maximum weight to be sustained by tbe structure. Tbe act prescribes that all
In considering what is known as the “factory act” (Section 5040, L. O. L. et seq.), this court, speaking by Mr. Chief Justice Bean, in Hill v. Saugested, 53 Or. 178 (98 Pac. 524, 22 L. R. A. (N. S.) 634), held.that the defense of assumption of risk was not admissible under that statute, on the ground that, inasmuch as a criminal penalty was provided for an employer who disobeyed the act, the employee could not be consid
The judgment of the Circuit Court is affirmed.
Affirmed.