Daily capital journal. (Salem, Oregon) 1903-1919, 1915-04-20
HIRED MAN IS NOT
EMPLOYED" UNTIL He
ASSUMES HIS TASK
Supreme Court Hands Down
Decisions In Important
Cases This Morning

Upon the ground that the trial court
errel in refusing to instruct the Jury
upon The law of contribut0ry negligence
and in striking out defendant S plea
of same, the supreme court this morn
ing reversed the decree of Judge Clee.
ton, of the circuit court for Multnomah
cnnty, in the case of Joe Susmik VS..
the Alger Logging company, and re.
manded the case for new trial. This
is a case in which Susznik was award.
ed verdict for $4,000 damages for
personal injuries against the defendant
company. The opinion was written by
Justice Benson.
The defendant is a Portland corpora.
tion, with headquarters in Portland,
but its logging camp is located in the
state & Washington, near Shamokawa,
where the plaintiff had been engaged
to work as a "wood buck" and was on
his way to the camp to 90 to work for
the defendant when he was injured by
being struck with locomotive operat
ing a logging train for the defendant
company.
Two important points of law laid
down by the supreme court in this case
are that, although the plaintiff had
signed up to work for the defendant
he was not actually in their employ un.
til he had gone to work and, there.
fore, the action for personal injuries did
not come under the jurisdiction of the
Washington compensation act, but un.
der the law governing transitory ac.
tionS; and that, even though the plain.
tiff paid no fare to ride upon the de,
fendant's logging train on his way ia
work, the company was responsible fol
any accident which might befal tn,
plaintiff while a passenger upon it,
train by consent.
Merchants Regulatory Act Void.
Holding that the act of the legisla
ture of 1913, licensing and regulating
commission merchants, is unconstitu
tional in that it clothes the rairoa,
commission with extraordinary power
of regulation and control in the bod,
of the act, no hint Of which provision!
is given in the title the supreme cour
this morning, in an opinion written b,
Justice Benson, affirmed the decree OF
Judge Davis, of the circuit court fOI
Multnomah county, in which the prose
cution Of b. II, Levy and j. j. Cole
under the provisions of the act, is dis
missed. Defendants were found guilt,
in the district court for Mutnomal
county and fines of $25 each were as
sessed when appeal was taken to the
circuit court
Canton Sentence Affirmed.
Ruling that the admission of evi
dence and the court 3 instructions tC
the jury upon the question of corrobora
tion Of testimony of an accomplice
were in all respects regular, and that
although it is admitted that the minor
accomplice is degenerate he is q
sufficiently sound mind within the eve.
of the law TO admit his testimony a,
evidence, the supreme court this morn
ing affirmed the Judgment of Judge
Calkins, Of the circuit court for Jack
son county, in the case Of the state vs.
| W. j. Canton. Canton the defendant
has been practieing law in Oregon f0
the past 81 years, was prominent and
respected attorney, was convicted Of a
statutory crime upon the person Of
Richard Coffman, and was given an in
determinatc sentence of one TO lj year,
in the penitentiary.
Other decisions today were as fol
lows;
j. NJ, Toomey vs. ]. D. Casey, appel
land, Appealed from Muuomah coun
ty; involving rental Of lease of rea
estate. Opinion by Chief Justice Moore
Judgment of Circuit Judge Davis it
favor Of PLAINTIFF modified.
Frank A. Pierce vs. Bertha +. Parhi
ct Al, appellants; appealed from Coo,
county; suit to reform deed Opinion
by Justice Eakin; Judgment Of Circuit
Judge Coke in favor of the plaintiff
modified and affirmed.
+. =. Smith vs.. W. $. Mott, appel
liant; appealed from Marion county
, action for the recovery Of money. Opin
; ion by Justice Bensmj judgment Of Cir
cuit Judge Kelly for plaintiff affirmed
Frten e.. Love vs. Edwin Linstedt
Iappellant appealed from Multnomal
county; suit TO compel specific per
Torrance Of a contract TO urchase land
Opinion by Mcbride; Circuit Judg,
Davis Judgment for the plaintiff az
/, firmed
state Of Oregon, appellant, VS.. Per
Of Bdndon, involving legality Of Great
ing port, former opinion Of court al
hered 10. Opinion by Justice Mcbride
CTcnit Judge Coke's judgment for de-
rend1ut affirmed.
Positions fm reheariug were denied
in Josie Pullen, appellant, vs.. City oi
Eugene; Nye vs. Lincoln County Bank
Sonnksen vs.. Hood River Gas q Elec
tric company; Robinson vs.. Hicks; Tay
lor Va. Peterson.