No specific laws identified for this ruling.
The appellate court affirmed a jury verdict for the plaintiff, a 17-year-old factory worker injured when his hand was caught in unguarded cog-wheels of a chocolate-manufacturing machine while following his foreman's order to clean spots near the cogs.
From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Burnett. This is an action by D. R. B. Winniford and R. H. Mays, doing business under tbe firm name and style of Winniford & Mays, against A. L. MacLeod and tbe Lewis-Wiley Hydraulic Company, a corporation, and owner of what is known as Westover Terrace, in Portland, Oregon. Tbe complaint recites an ordinance of tbe City of Portland forbidding tbe explosion of gunpowder or other like material in tbe city limits without first having received a permit from tbe city engineer. It says also that prior to tbe explosion complained of MacLeod bad obtained from tbe proper officer a permit to use powder for blasting in an amount not to exceed five pounds upon tbe tract mentioned. At tbe time of tbe grievance complained of tbe plaintiffs were engaged in tbe erection of a dwelling-house for another near the scene of the blasting operations they describe, .but had not yet completed their contract. The complaint contains these allegations: 303 “That for more than a year prior to October 29, 1911, the defendant A. L. MacLeod had been carrying on blasting operations in a careless, negligent, malicious and wanton manner for the defendant Lewis-Wiley Hydraulic Company upon the land owned by the defendant company, and the defendant company well knew and appreciated that the defendant A. L. MacLeod was carrying on these blasting operations in a careless, negligent, malicious and wanton manner, and in such a manner as to endanger the property in the surrounding neighborhood; that on October 29, 1911, at about the hour of 3:30 P. M., the defendants, A. L. MacLeod and Lewis-Wiley Hydraulic Company, negligently, carelessly, maliciously and wantonly, through their servants, set off and exploded at one time 50 pounds of powder at a point about 150 feet west of the said house hereinabove described; that the said explosion threw a great number of rocks at terrific speed against and into the s
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