Annabell M. Williamson, Administratrix of the Estate of Lee A. Williamson, Deceased v. Weyerhaeuser Timber Company, a Corporation

The appellant instituted an action in the district court for the district of Oregon based on the wrongful death statute of the State of Washington to recover damages for the death of the above named decedent alleged to have been caused by the negligence of the appellee. This appeal is from the judgment that the plaintiff recover nothing and that her complaint be dismissed.

Lee A. Williamson was an employee of Wood Tractor Company, an Oregon corporation, which was a dealer in tractors and other industrial machinery. It held a franchise for the sale of Allis-Chalmers industrial equipment in portions of Washington and Oregon. Its office, warehouse and repair shops were located at Portland. In addition to selling such equipment it regularly serviced and repaired equipment belonging to its customers within the area covered by its franchise. Williamson was employed as a tractor mechanic and as such was called upon to repair and service such equipment at the customers’ places of business both in Oregon and Washington. During 1949 he worked approximately 16 per cent of his time in Washington and in 1950, up to April 25, the date of his death, he worked approximately 30 per cent of his…