Leslie H. Chappell v. C. D. Johnson Lumber Corporation

The plaintiff in this case, appellant here, brought suit against appellee in an Oregon state court to recover damages for personal injuries suffered while in the latter’s employ as a “spotter” in the loading of a barge with lumber produced at appellee’s adjacent mill. The loading operation was allegedly accomplished by means of an overhead crane, or monorail, which conveyed lumber from the dock and set it down on blocks on the barge. Appellant’s work, in which he had been employed for approximately 2% months, was to spot the blocks and keep them in proper position on the vessel during the loading operation. On the occasion in question, while walking away after having spotted the blocks, he was struck by the loosened tongs of the carrying appli anee. In his complaint he relied, in part on violation of a safety rule promulgated by the State Industrial Accident Commission of Oregon. He also alleged negligence in a number of particulars in the handling of the crane and tongs.

Appellee obtained the removal of the cause to the Federal court on diversity grounds-. In its answer thereafter filed it denied negligence on its part and alleged contributory negligence on the part of the…