BRIGHAM v. SOUTHERN PACIFIC CO.


237 Or. 120 (1964)

390 P.2d 669

BRIGHAM v. SOUTHERN PACIFIC COMPANY

Supreme Court of Oregon.

Affirmed March 25, 1964.


Attorney(s) appearing for the Case

Clayton Hess, Portland, argued the cause for appellant. On the brief were Hess & Hess, Portland.

James H. Clarke, Portland, argued the cause for respondent. With him on the brief were Koerner, Young, McColloch & Dezendorf and John Gordon Gearin, Portland.

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


AFFIRMED.

SLOAN, J.

This is an action controlled by the Federal Employers' Liability Act. Plaintiff alleged that he was injured in the course of his night time employment by defendant when he tripped and fell over a loose tie that had been negligently left between tracks 8 and 9 of defendant's Brooklyn Yards in Portland. The case was submitted to a jury. Defendant prevailed and plaintiff appeals. The assignments of error are directed at the refusal of the...

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