MAXWELL v. PORTLAND TERMINAL RAILROAD COMPANY


456 P.2d 484 (1969)

Dean E. MAXWELL, Appellant, v. PORTLAND TERMINAL RAILROAD COMPANY, Respondent and Cross-Appellant.

Supreme Court of Oregon.

Decided July 2, 1969.


Attorney(s) appearing for the Case

David W. Harper, Portland, argued the cause for appellant. On the brief were Keane, Haessler, Baumann and Harper, Portland.

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

Before PERRY, C.J., and SLOAN, O'CONNELL, GOODWIN, and DENECKE, JJ.


GOODWIN, Justice.

Plaintiff, a truck driver injured in a crossing collision with a railroad car during a switching operation, appeals from an order granting the railroad a new trial after a jury had awarded the plaintiff $3,200 damages.

The new trial was ordered because the trial court became convinced after the verdict that it had erroneously given a requested instruction on "future" damages. As the evidence contained no basis for such an instruction, the...

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