Marks
Marks v. Bauers
Opinion
Lead Opinion
Ross, J.
(after stating the facts as above). Sections 6785, 6786, 6787, and 6790 of the Employers’ Liability Act (Or. L.) contain, respectively, these among other provisions:
The rulings of the trial court regarding the Oregon Compensation Act were in accordance with the decision of the Supreme Court of the state in the case of Olds v. Olds, 88 Or. 209 , 171 P. 1046 . As’will have been seen, section 6787 of the Oregon Laws expressly declares it to be the duty of the '“owners, contractors, subcontractors, foreman, architects, or other persons having charge of the work” in question to see that the ’ Employers’ Liability Act is complied with. That duty is by the statute distinctly placed upon each of those specifically mentioned, and all other persons having charge of the particular work, in precisely the same, way and to precisely the same extent. Neither the owners nor the superintendent are by the statute made any more responsible for the construction or operation of the particular structure in question than the foreman. The duty so imposed upon each can no more be delegated by the one than by the other. Such being the statute of the state, the courts are bound by it. The Oregon eases…