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Findlay v. Copeland Lumber Co.

Oregon Supreme Court

509 P.2d 28 (1973)

Facts

Burrell Findlay (plaintiff) was injured when the ladder on which he was standing collapsed. Findlay brought suit against R.D. Werner Co. (Werner) (defendant), the manufacturer of the ladder, and Copeland Lumber Company (Copeland) (defendant), the seller of the ladder. Findlay alleged that a misaligned rivet hole caused the ladder to collapse. Werner and Copeland asserted that Findlay’s own negligence caused the collapse because Findlay placed the ladder on uneven ground, failed to test the ladder before using it, put too much weight on one side of the ladder, and failed to maintain a proper lookout. The trial court found in favor of Werner and Copeland. Findlay appealed. The Oregon Supreme Court granted certiorari.

Rule of Law

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Issue

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Holding and Reasoning (McAllister, J.)

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