THOMAS v. FOGLIO


231 Or. 187 (1962)

371 P.2d 693

THOMAS v. FOGLIO

Supreme Court of Oregon.

Affirmed May 23, 1962.

Petition for rehearing denied June 19, 1962.


Attorney(s) appearing for the Case

Glenn R. Jack and James O. Goodwin, Oregon City, argued the cause for appellant. On the briefs were Jack, Goodwin & Anicker and Glenn R. Jack.

Gordon G. Carlson, Roseburg, argued the cause for respondent. On the brief were Clifford S. Beckett, Oregon City, and Yates, Murphy & Carlson, Roseburg.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY, SLOAN and O'CONNELL, Justices.


AFFIRMED.

O'CONNELL, J.

This is an action to recover damages for personal injuries suffered by plaintiff while loading logs on defendant's log truck. The action was brought and tried upon the theory that defendant had violated the Employer's Liability Law, ORS 654.305. The jury returned a verdict for plaintiff whereupon defendant moved for a judgment n.o.v., or in the alternative, for a new trial. The motion was denied and defendant appeals.

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