Deseret Evening News | 1906-11-13 | Page 2 | Farney Wins Case

FARNEY WINS CASE CASEIn In it n r s Tho mo c has handed hande down downan nfl an opinion tito tho judgment ot pt the 10 I court courtin In th the J 1 Farney Farne agaInst the Oregon Sh short Tt Linn Line com company puny Ac c ceo eo to the tho complaint In the case ras in 10 the employ of oC defend omit company In the con construction ot of a ane anen ne nen near Opal Wy J on Aug Ull 5 IP 3 lie He was as complIed compelled hy by the foreman to work olt II a tram mum which Wits WIB handling n a steel girder an and 1 owing to the construction ot of the frame It tell three In lag Farney Famey Into the thu river In the tho tall alt althIs his rIght arm wa wu broken his left leU le brul his hip hip and back were Ee c verely bruised etl to 10 WM was to 10 Lu hospital where It became necessary flary to Perform operations upon tipon him him io In w 10 ot o bono bone were Cram his Ills arm arm was Injured The rho jury In the tha ease returned a ver I diet in 10 favor avor of at for tor sro I the tho appealed to trio tIC mo court Tho claimed that the tho accident was lue te the tho negligence of at II a fello fellow servant anti that assumed the tho rl risk k when he undertook te tc work on n the tho gallows frame and hence tim tho company should not bo be boh beheld h held ld table rho court with the company In thiL and held that ft t was the tho duty ot of the tho Tony rhOY to furnish a reasonably Sara lar place for Cor Its to work The Tho judgment or of the lower court ourt mH therefore at af 1 Judge tto ho sat put In the caco Ira in tim tho place oC Judge wrote the tho opinion ot of the tho smi III court which Is concurred In by bv Thief Justice McCarty 1 and Ju Juste Friek