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HENDERSON v. U.P.R.R. CO.

189 Or. 145 (1950)

219 P.2d 170

HENDERSON v. UNION PACIFIC RAILROAD COMPANY

Supreme Court of Oregon.

Reversed and remanded June 6, 1950.

Attorney(s) appearing for the Case

Arthur M. Dibble and Leo Levenson, of Portland, argued the cause for Respondent. With Arthur M. Dibble on the brief were Samuel Jacobson and Goodman & Levenson, of Portland.

Randall B. Kester and Howard K. Beebe, of Portland, argued the cause for Appellant. With them on the brief were Maguire, Shields, Morrison & Bailey, of Portland.

REVERSED AND REMANDED.

LUSK, C.J.

The defendant, Union Pacific Railroad Company, has appealed from a judgment for the plaintiff in an action for personal injuries brought under the Federal Employers' Liability Act.

1. The plaintiff claimed in his pleadings and by his testimony that he suffered the amputation of his left leg below the knee as the result of the negligence of the defendant. His evidence is to the effect that on May 17, 1946, while he...

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