Sword v. East Oregon Lumber Co.

• Citation: 106 Or. 458,211 P. 941
• Parties: SWORD v. EAST OREGON LUMBER CO.
• Decision Date: 16 January 1923
• Court: Oregon Supreme Court

211 P. 941

106 Or. 458

SWORD v. EAST OREGON LUMBER CO.

Supreme Court of Oregon

January 16, 1923

In Banc.

Appeal from Circuit Court, Wallowa County; J. W. Knowles, Judge.

Action by Daniel Sword against the East Oregon Lumber Company. Judgment for plaintiff, and defendant appeals. Reversed and remanded.

Daniel Boyd and J. A. Burleigh, both of Enterprise, for appellant.

Blaine Hallock, of Baker (with Nichols, Hallock & Donald, of Baker, on the brief), for respondent.

BURNETT, J.

This case was heard on appeal with, and involves precisely the same issues determined in, Anderson v. East Oregon Lumber Co., 211 P. 937, this day decided. As in that case, the judgment of the circuit court is reversed, and the cause remanded.

HARRIS, J. (dissenting).

The material facts in the case of Anderson v. East Oregon Lumber Company 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.

BEAN, J., concurs in this dissent.