POOSCHKE v. U.P. RAILROAD CO.


246 Or. 633 (1967)

426 P.2d 866

POOSCHKE, Respondent, v. UNION PACIFIC RAILROAD COMPANY, Appellant.

Supreme Court of Oregon.

Affirmed April 26, 1967.


Attorney(s) appearing for the Case

Walter J. Cosgrave, Portland, argued the cause for appellant. With him on the briefs were Maguire, Shields, Kester & Cosgrave, Randall B. Kester and Austin W. Crowe, Jr., Portland.

Carlton R. Reiter, Portland, argued the cause for respondent. With him on the brief were George M. Joseph and Reiter, Day, Anderson & Wall, Portland.

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


AFFIRMED.

DENECKE, J.

This is an action for personal injuries brought under the Federal Employers' Liability Act, 45 USCA § 51 et seq. Plaintiff recovered a verdict for $125,000 upon which judgment was entered, and defendant appeals.

Plaintiff was the operator of a locomotive crane, i.e., a crane erected upon a railroad car which could move under its own power. He was unloading ballast from a gondola car. Smoke came out of the crane machinery...

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