Short v. D.R.B. Logging Co.

• Citation: 232 P.2d 70,192 Or. 383
• Parties: SHORT v. D. R. B. LOGGING CO.
• Decision Date: 31 May 1951
• Court: Supreme Court of Oregon

Page 70

232 P.2d 70

192 Or. 383

SHORT v. D. R. B. LOGGING CO.

Supreme Court of Oregon.

May 31, 1951.

William S. Fort, Eugene, argued the cause for appellant. On the brief were Husband, Fort & Johnson, Eugene.

Sidney E. Thwing, Eugene, argued the cause for respondent. On the brief were Evans & Thwing, Eugene.

Before BRAND, C. J., and HAY, ROSSMAN, LUSK and WARNER, JJ.

HAY, Justice.

This is an action for damages for personal injuries allegedly caused by defendant's negligence. The plaintiff, in August, 1946, was the owner and driver of a logging truck and trailer. Defendant is a Michigan corporation, and, at that time, was engaged in logging near Wolf Creek, in Lane County. Another logging concern, known as Markham Logging Company, was also logging in the same vicinity. Each maintained and operated at its respective log landing a derrick for loading logs on trucks, commonly called a loading pole, which consists of a vertical spar or mast, having a boom attached at its lower end, and carrying a hoisting tackle. The loading poles were situated between six and seven hundred feet distant from each other. The two concerns used the same logging road for hauling logs, but were entirely separate organizations.

Plaintiff had had many years of experience in various branches of the lumbering industry, and had been engaged in log hauling for more than five years immediately prior to August 14, 1946. On that date, he entered into contractual arrangements to haul logs for Markham Logging Company from its loading pole to different sawmills in or about Eugene. One Fred Hockley was at that time driving a logging truck for another Markham contract hauler. Plaintiff and Hockley had each hauled two loads of logs for Markham on that day, and were returning late in the afternoon to the Markham landing to pick up a third load. Before they arrived there, however, the loading crew had quit for the day, and they met the crew on the road on their way home. Some days previously, Mr. J. E. Markham, owner of Markham Logging Company, had told the manager of defendant company that the Markham logs had been 'loaded out,' that they were going to have 'extra' trucks on hand, and that he did not know what to do with them. Defendant's manager thereupon told him: 'Send them down our way; we can use them; we need the trucks.' When plaintiff and Hockley met the Markham loading crew on the road, Mr. J. E. Markham, who was with the crew, told them that if they would go on up the hill they could load out at the defendant's loading pole. Hockley and plaintiff accordingly drove their trucks to the defendant's landing, with Hockley's truck in the lad. When plaintiff arrived at defendant's loading pole, Hockley's truck was already on the landing and in process of being loaded. Plaintiff was accompanied by his son, Donald, and both of them got out of plaintiff's truck and walked onto the landing to observe the loading operation. The loading was in charge of defendant's employee, George Myers, who operated the donkey engine which powered the hoisting apparatus. He was being assisted by another employee, Howard Fry, as head loader. The load which was in process of being loaded upon Hockley's truck consisted of a single large log. The donkey engine was standing a little way behind and to one side of the loading pole. The log had been lifted from a log pile and placed upon Hockley's truck and trailer. Fry, the head loader, just before the log was lifted from the log pile, had observed plaintiff and his son approaching the landing, and had shouted a warning to them, but plaintiff did not hear him. Hockley had left the cab of his truck, and was standing to the left of the cab upon a small pile of logs which was lying parallel to the truck and trailer. Plaintiff and his son ranged alongside of Hockley upon the same pile of logs. 'One-log' loads are secured to the logging truck by means of a binding chain or chains passed around the log and the truck body. In addition thereto, metal wedges, called 'cheese blocks,' which are attached to the body of the truck by adjustable chains, are used to keep the log in place. The cheese blocks were adjusted by the head loader, and the log was then lowered into place. Thereupon the loading line was slackened, and the sling, by means of which the log had been attached to the loading tongs, slipped off the tongs and fell to the ground. The log then rested upon the truck and trailer bunks and between the cheese blocks, although one of the trailer cheese blocks required further adjustment.

It was the duty of the truck driver to secure the load with the binding chain. Hockley, who had not had very much experience in log hauling and had handled few one-log loads, asked plaintiff's advice as to the best method of binding the load. Fry, the head loader, was at that time at the opposite side of the trailer from where plaintiff was standing, and was concealed from plaintiff's view. Without warning to plaintiff, Fry took hold of the chain which controlled the trailer cheese block which needed to be adjusted and pulled it, for the purpose of making the adjustment. While he was doing this, the rear end of the log suddenly slid over the cheese block and fell to the ground, striking the end of the little pile of logs upon the opposite end of which plaintiff, his son, and Hockley were standing. The impact violently dislodged the logs, and threw the three men into the air. Hockley and plaintiff's son were not hurt thereby, but plaintiff received severe and permanent injuries.

When the log started to slide from the trailer, Fry shouted a warning, but the suddenness of the catastrophe made the warning of no avail.

Plaintiff brought this action against defendant to recover damages for his injuries. He charged defend...