Matheny

On May 8, 1929, the Medford Ice & Storage Company was constructing' an addition to its refrigerating and cold storage plant at Medford, Or., and under contract the appellee, Edwards lee Machine & Supply Company, was installing refrigeration pipes therein. Hereinafter these two companies will be referred to, respectively, as the storage company and the supply company. While, as an employee of the storage company, appellant was engaged in wheeling concrete in the plant, he was struck by a piece of steel which employees of the supply company permitted to fall from a point above, where they were at work installing pipes. Alleging negligence on their part, appellant brought this action against the supply company to recover damages for his injury. Pursuant to a peremptory instruction, the jury returned a verdict for the defendant. The controlling issue at the trial centered about the interpretation of the Oregon Workmen’s Compensation Act (Or. L. § 6605 et seq.), and that is the sole question submitted here. In other words, it is conceded that if, as was held in the court below, plaintiff was bound to accept the benefits of that act and was debarred by its provisions from bringing an…