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KELLEY v. UNION PACIFIC RAILROAD CO.

481 P.2d 56 (1971)

Raymond KELLEY, Appellant, v. UNION PACIFIC RAILROAD CO., a Corporation, Respondent.

Supreme Court of Oregon, Department 1.

Decided February 24, 1971.

Attorney(s) appearing for the Case

Carlton R. Reiter, Portland, argued the cause for appellant. With him on the briefs were Glenn H. Prohaska, and Reiter, Day, Wall & Bricker, Portland.

Walter J. Cosgrave, Portland, argued the cause for respondent. With him on the brief were Randall B. Kester, and Maguire, Kester & Cosgrave, Portland.

Before O'CONNELL, C.J., and McALLISTER, HOLMAN and HOWELL, JJ.

HOLMAN, Justice.

Plaintiff brought an action for damages for injuries sustained while in the employment of the defendant. The action was based upon the Federal Employers' Liability Act (FELA), 45 U.S.C. § 511. Plaintiff appealed from a judgment for defendant which was entered pursuant to a jury verdict.

The sole assignment of error is the giving of the italicized portion of the following instruction:

"Preponderance...

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