205 P. 551 | Or. | 1922
— This is an action against the Portland Bailway, Light & Power Company and George Wiener, to recover damages for personal injury suffered by the plaintiff, an employee of the defendant railway company. His duty in connection with another employee who was his foreman was to assist in testing the electric voltage of street-car tracks in the City of Portland! The foreman had a voltmeter which he attached to hydrants standing within the curb line near the street pavement, and it was the duty of the plaintiff to take a wire attached both to the voltmeter and to a stick about the size of an ordinary walking-cane, provided with a metal center, and form a contact with the rail in the track. When this contact was effected the amount of voltage showed on the voltmeter through the wire as a conductor and was read and recorded by the foreman. The wire or cord, as it was called in the testimony, was composed of a few small strands of copper wire inclosed in some woven material and was flexible like ordinary fixture wire. In carrying it from place to place it was wound up on two parallel cleats attached transversely across the stick.
According to the testimony, the whole operation of forming a contact and reading the voltage took approximately half a minute. The plaintiff claims that
“That the defendant Portland Railway, Light & Power Company employed said plaintiff and instructed him to. use said cord as aforesaid and prevent any vehicle or automobile from passing over said cord while it was being used in the street; that said plaintiff was attempting to perform said duties and carry out said ordered instructions at the time of his injury; that the said defendant Portland Railway, Light & Power Company carelessly and negligently placed the said plaintiff in a dangerous and unsafe place to work and carelessly and negligently failed to furnish him a helper or any assistance to perform said duties and carry out said instructions, which was necessary and practical in the performance of said labor; that said defendant Portland Railway, Light & Power Company negligently failed to furnish plaintiff any warning or signal device to be placed upon said cord to warn the public upon its approach, and carelessly and negligently failed to use every device, care and precaution which was practicable to use for the protection and safety of the plaintiff.”
The employers’ liability law has this clause:
“And generally, all owners, contractors, or subcontractors and other persons having charge of, or responsible for, any work involving a risk or danger to the employees or the public, shall use every device, care and precaution which it is practicable to use for the protection and safety of life and limb, limited only by the necessity for preserving the efficiency of the structure, machine or other apparatus or device, and without regard to the additional cost of suitable material or safety appliances and devices.” Section 6785, Or. L.
“Proximate cause is such cause as would probably lead to the injury and which has been shown to have led to it. It need not appear from the evidence that the injuries complained of resulted instantly and immediately from the negligence. The law regards the one as the proximate cause of the other, without regard to the lapse of time, where no other cause intervenes or comes between the negligence charged and the injuries received to contribute to it. There must be nothing to break the causal connection between the alleged negligence and the injuries.”
Again, quoting from Washington v. Baltimore etc. Ry. Co., 17 W. Va. 196, it is said:
“The act or omission, which constitutes negligence, must be such as directly produces as its natural consequence an injury to another. And therefore if a party do an act, which might naturally produce an injury to another as its consequence, but, before any such injury results, a third person does some act or omits to perform some act, and this act or omission of such third person is an immediate cause of an injury, which would not have occurred but for his negligence, such third person is responsible for such injury and not the party guilty of the first negligence;*404 for the causal connection between the first act. of negligence and the injury is broken by the interposition of the act or omission of the third party.”
The opinion in the Chambers-Everding case, by Mr. Justice Ramsey, is an exhaustive treatise on this subject.
The Circuit Court was right in ordering a nonsuit, and its judgment is affirmed. Affirmed.