Sword v. East Oregon Lumber Co.,

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Notebook

| Or. | Jan 16, 1922

Lead Opinion

BURNETT, J.

This case was heard on appeal with, and involves precisely the same issues determined in Anderson v. East Oregon Lumber Co., post, *459p. 459 (211 P. 937" court="Or." date_filed="1922-01-16" href="https://app.midpage.ai/document/anderson-v-east-oregon-lumber-co-6907826?utm_source=webapp" opinion_id="6907826">211 Pac. 937), this day decided. As in that case, the judgment of the Circuit Court is reversed and the cause remanded.

Reversed and Remanded. Rehearing Denied.

Dissenting Opinion

HARRIS, J.,

Dissenting. — The material facts in the case of Anderson v. East Oregon Lumber Co. constitute the material facts in this cause. For the reasons expressed in the companion case, I am of the opinion that Sword has a remedy for the wrong done him, if any was done, if the defendant was the doer of such wrong; and I therefore dissent from the ruling that the plaintiff as an individual is remediless.

Mr. Justice Bean concurs in this dissent.