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CAPLINGER v. N.P. TERMINAL OF OREGON

244 Or. 289 (1966)

418 P.2d 34

CAPLINGER v NORTHERN PACIFIC TERMINAL OF OREGON

Supreme Court of Oregon.

Affirmed September 9, 1966.

Attorney(s) appearing for the Case

Carlton R. Reiter, Portland, argued the cause for appellant. With him on the briefs were James G. Breathouwer, and Reiter, Day, Anderson & Wall, Portland.

Douglas G. Houser, Portland, argued the cause for respondent. With him on the brief were Pendergrass, Spackman, Bullivant & Wright, R.R. Bullivant and Darrel L. Johnson, Portland.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, GOODWIN, DENECKE, HOLMAN and LUSK, Justices.

AFFIRMED.

SLOAN, J.

This is a Federal Employers' Liability Act case. Plaintiff was injured when he was working as a member of a crew engaged in a switching operation in defendant's yard in Portland. The injury occurred when he partially fell from the top of a box car to which he had gone to set the brake. As he attempted to climb down the ladder from the top of the car, his feet slipped and in the process of catching a rung of the ladder to avoid falling,...

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