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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (March 29, 1963)
Oregon Supreme Court Decisions Salem-flJPD-Tlie Oregon Su preme Court ruled Thursday that a log trucker injured while going to work could not collect benefits even though he was driving his own truck as part of his working equip ment. The decision upheld the State Industrial Accident com mission. It reversed Linn County Judge Wendell Tomp kins. The log trucker, Thomas Philpott, had argued that he was exempt from the estab lished rule that benefits can not be collected for injuries incurred while going to or from" work. He said he was rendering the company lie worked for a benefit by taking his own truck home at night and serv icing it. The Supreme Court, in an opinion by Justice Hall Lusk, disagreed. It said it failed to find any facts to justify ex empting Philpott from the general rule. It said to allow Philpott's claim would be an "unjusti fiable departure from con trolling precedents." Independent Contractor The high court said the trucker was, in fact, an inde pendent contractor and driv- LET'S TRADE BIKES Highest Trade Allowance for Your Bike on a Quality Columbia. America's Oldest Bike Since 1 876. All Types Expert Bike Repair Toy World Medford Shopping Center The delivery bicycle was a great lime and money saver. In its day. As long as the order wasn't too big for the basket. And other orders weren't piled up woiting. And it wasn't raining too hard. Anyway, there wasn't much competition in those days. Today, more and more small businesses ore n.rnn th Volkswaaen Panel Truck. Almost no order's too big for the VW Panel with its 4 ft. wide side doors. And no order's too small. With AAORSE MOTORS 6th Cr Ivy ing to work was not part of his job for the company. In two damage suits, one involving death and the other injury, the Supreme Court ruled the plaintiffs had a right to trial. The rulings re versed lower court decisions. In one case, Multnomah County Judge Winston Brad shaw had ruled that the sur vivor of a truck driver killed at a Linn county railroad crossing didn't have any case. He said the driver could have seen the train even if the signal lights were not operat ing, and this constituted con tributory negligence. The high court said the case should be ruled on by a jury after considering all the facts. In the second case, Marion County Judge George Jones had ruled that a guest injured at a Detroit lake resort had no case. The guest was hurt when he stepped on a rope connecting some floats and it went taut and threw him into the water. The Supreme Court said whether the risk could have been realized by the guest was a matter for a jury to decide. Judgment Affirmed Other cases: In an appeal from Mult nomah county, the Supreme Court affirmed a $16,728 judg ment for Santina L. Dare for injuries received in a traffic accident. Tlie Supreme Court af firmed the dismissal by the Multnomah county Circuit Court of a suit brought by owners of certain lots in a subdivision who had fought to restrict other lots to single family dwellings. In an appeal from Mult nomah county, the high court affirmed a $500 judgment for a man injured in a collision. The injured man had argued that aggravation of an ulcer also should have been con sidered. The Supreme Court af firmed the conviction of Ralph Huitt in Klamath coun ty for larceny of a calf. The Supreme Court af firmed a Multnomah county divorce decree granting Dale Standley a divorce and his wife the custody of an infant child. How much longer can it stay in business? Try and Stop Me By BENNETT CERF "TOBODY CAN PREDICT," notes- Ernest Havemann, 1 i "where the next top gag-writer for television will come from." A writer who can furnish a steady supply of laugh lines for comedians like Bob Hope and Jack Benny is worth his weight in gold and even harder to find. The best of the gag writers pop up in the most unexpected places. Abe Burrows, co-author of "How to Succeed in Business Without Really Trying," was slaving as an accountant in Wall Street when somebody told him that all the hilarious re marks he was handing out for free could be sold at a high price to material-hungry TV personalities. Bur rows' co-author on "How to Succeed," Jack Weinstock, still practices medicine. In fact, he once stopped writing long enough to take out his collaborator's appendix. Goodman Ace, who has written such wonderful comedy lines for Perry Como and the like began his career as drama critic for a Kansas City newspaper. And there's another top TV comedy writer who less than four years ago was press ing pants in an upstate tailor shop! His present earnings: something like $100,000 a year! A student of semantics at Kansas State has summed up the career of a college football coach in eight words: Desired; Wired; Hired; Inspired; Admired; Tired; Mired; Fired. O 1983. by Bennett Cerr. Slatributed by King Feature! Syndicate Termites Sent to England by OSU Corvallis Termites and carpenter ants from Oregon are being "exported" to Eng-land-but it's all in the inter est of research and scientific cooperation. Four shipments of the dam aging "wood workers" have been sent to London by Rob ert D. Graham of the Oregon State University Forest Re search laboratory. He is in charge of wood preservation studies. The British scientists also are working - on control of termites in buildings and tim ber. They requested the col onies of dampwood termites from Oregon for use in basic studies on termite behavior, sense organs and "communi cation." Their studies earlier have concentrated on tropical ter mies that are problems in Briiish territories of Africa, but now have been expanded to include "work on termite control in buildings and tim ber. The carpenter ants were this truck you can deliver one order or one hun. dred efficiently and economically. (Operating costs overage around 2t a mile.) Orders don't pile up. The VW Panel carries over 1,800 pounds. (Nearly twice the load of a standard half-ton truck.) Weather doesn't matter. The oir-cooled engine in the rear gives you ; dependable traction in mud, sand, ice and snow; Besides, where can you find room on a bicycle for your com pany name in letters a foot high? MEDFORD sent to the Granada TV Net work Limited in London, pro ducer of films on scientific subjects. Special clearance had to be arranged with both govern ments to make the oversea shipments possible, Graham said. The shipments are usual ly made by air express, al though one colony of termites went parcel post with the ter mites sealed in the chunk of wood on which they were working. INMATE POETRY WINNER Pendleton, Ind.-flJPIt-A bard behind bars has won a $50 prize in Writers Digest's na tional poetry contest. David Jones, 21, a staff writer for the Indiana Reformatory's weekly newspaper "The Re flector," won the prize from among 2,500 entries for his pome "The Writer." Jones drew a two to five year term for burglarly in 1058 and was paroled in 1961 but his parole was revoked. "- iitiiiiiiiii tlilflSSIPil 772-7155 MAIL TRIBUNE. MEDFORD, Winners of Poppy Poster Contest Are Announced Winners of the annual poppy poster contest sponsor ed by the auxiliary to Ameri can Legion, Medford Post 15 in Medford High school and the McLoughlin and Hedrick Junior High schools have been announced. Winners in Class Three in the high school are first, Nik Yahya, American Field Serv ice student, living at 2447 Hillcrest rd.j second, Diane Medcalf, 319 Berkeley way; and third. Bill McDaniel, 1871 Marsh lane. Honorable men tion went to Marilyn E. Smith, 2144 Griffin Creek rd., and Jim Wise, 1600 Stratford way. The junior high school win ners, in Class Two are, first. Cathy Bradford, 1023 Mt. Pitt ave., McLoughlin; second, Sherry Bean, 40 Quince st., McLoughlin; and third, Kath leen Graham, 940 Mt. Pitt ave., McLoughlin. Receive Honorable Mention Receiving honorable men tion are Kate Winne, 612 Pierce rd., and Mary Lorish. 830 Minnesota ave., both of Hedrick. Contest judges were Ben Trowbridge Jr., Herb Gray ana Mrs. Ed McGinty. The two first place win ning posters will be sent to Portland to be entered in the state contest. The public may see the posters in the windows of Weeks and Orr Furniture store, 114 West Main St.. where the exhibit opened to day. Mrs. Cole Holmes and Mrs. H. L. Alford are chairmen for the contest and the an nual poppy day sale in May. The contest is held to point up the sale of poppies which are made by veterans in hos pitals and workrooms each year. Contributions go to the auxiliary's rehabilitation and child welfare program. Morgan Has No Political Plans Portland - IUP1I - Federal Power Commissioner Howard Morgan said Thursday "I've come back to God's country and have no solid political plans." Morgan recently announced he would not accept reap pointment to the FPC and sparked a congressional hear ing by a letter he wrote Presi dent Kennedy. The letter was interpreted as an attack on other FPC members. ' The former Oregon Demo cratic chairman said he felt the hearing was useful in that it called "attention of many thoughtful people to the prob lems involved; it prodded them to take a look." Morgan has a cattle ranch near Sisters. He addressed the City Club here today. Judicial District Measure Approved Salem-OIPII-A bill to create two-judge 20th judicial dis trict of Washington county was approved Thursday by the Senate Judiciary commit tee. The measure would, leave Clatsop, Columbia and Tilla mook counties in the 19th dis trict, with two, instead of three, circuit judges. The measure was sent to the Ways and Means commit tee. The committee tabled a bill which would prohibit any person under 21 from drink ing liquor, except in a pri vate residence with a parent's consent. Minors presently are prohibited from "possessing" liquor. Final Training Program Planned The final training programs of the Jackson county unit of the American Cancer society will be held at the Red Cross building in Medford begin ning Wednesday, April 3. Sessions will be held Wed nesday at 10 a.m. and at 2 p.m. and on Thursday, April 4, at 7:30 p.m. All block Cru saders In the Medford area are to attend the final train ing program. Dr. Otto Emig, chairman of the Tomlin lectures for the Jackson county unit, will speak. He will show color slides of benign and malig nant tumors. Refreshments will be serv ed. MENTAL HEALTH REPORT Washlngton-AiPli-If you live with a spouse, chances are you are mentally healthier than the person who lives alone. The National Institute of Health reported today that separate persons sought more treatment in U.S. outpatient psychiatric clinics in 1B61 than any other martial group. Then came divorced, single, widowed and married persons, in that order. OREGON Lakeview Death Lakeview (DPI A murder charge against Robert Lee O'Conner in connection with the death March 6 of Mrs. Theresa Arzner was dropped Wednesday and the defendant pleaded guilty to a lesser charge. Dist. Atty. Chick Chaloupke said a report from the state crime laboratory indicated the woman had jumped or fallen from O'Conner's pickup truck while it was moving. Her body was found on a county road four miles west of here. O'Conner, who was arrest ed later near Bend, entered a guilty plea to a charge of failure to stop at the scene of an accident resulting in the last THIS ENDS HAIR CARE New White Rain Hair Spray A TONI QUALITY PRODUCT. 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CAROLINE GETS SADDLE Washington-IUPB - Visiting Moroccan King Moulay Has san II presented a gold and blue saddle to Caroline Ken nedy for her pony, Macaroni. The First Lady was given a native Moroccan dress by the North African chief of state. &mm OUR FISCAL YEAR Cr COSMETICS t 49 SI 25 IN PARIS $150 NOW $225 MOISTURE BALM $300 ..$2.00 $2.00 98 $350 Touch Tissues 4ra - nEr( DOX6S 99, Ream 8 - FRIDAYS 8 TO 9 FRIDAY. MARCH Crash Injuries Claim Two Lives By United Press International Jesse William Todd, Nyssa, died Thursday from injuries suffered in an automobile ac cident March 12. He was the second Oregon resident to die from earlier injuries during the day. Six-year-old Junie Dodd of Halsey died in a Salem hos pital after being hurt Tues day in a collision between a pickup truck and a truck and trailer south of Albany. Todd was injured in a two car collision at Owyhee Junc tion on State highway 201 eight miles south of Nyssa. 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