C. D. Johnson Lbr. Corp. v. Hutchens. Hutchens v. C. D. Johnson Lbr. Corp

Plaintiff-appellee was the wife of Dean Hutchens who died on August 19, 1949. The marriage produced no children. Appellant, C. D. Johnson Lumber Corporation (hereafter referred to as Johnson) operated a sawmill at Toledo, Oregon. In connection therewith, Johnson maintained a dock and a log unloading dump on the Yaquina River. On August 19, 1949, deceased was the driver of a logging truck unloading logs at this dock. He was killed by being struck by a log as it was being unloaded from the truck.

Prior to the accident, Johnson and a third-party defendant, William R. Francis (hereafter called Francis), entered into a contract for the logging and delivery by Francis to Johnson at Toledo, Oregon of certain timber owned by Johnson. Pertinent provisions of that contract are set out below.

After the death of Hutchens, appellee, as his widow, applied to the State Industrial Accident Commission of Oregon for death benefits provided by the Workmen’s Compensation Law, O.C.L.A. § 102-1701 et seq., to the widow of an employee killed during the course of his employment. After a hearing an order was entered by the Commission rejecting the claim, “as there is no evidence that said deceased * * *…