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KOCH v. SOUTHERN PACIFIC COMPANY

513 P.2d 770 (1973)

Thomas Leroy KOCH, by Ermol Lee Koch, Guardian Ad Litem, Respondent, Cross-Appellant, v. SOUTHERN PACIFIC COMPANY, a Corporation, Appellant, Cross-Respondent.

Supreme Court of Oregon.

Decided September 10, 1973.

Attorney(s) appearing for the Case

James H. Clarke, Portland, argued the cause for appellant, cross-respondent. With him on the briefs were Wayne Hilliard, and McColloch, Dezendorf, Spears & Lubersky, Portland.

Burl L. Green, Portland, argued the cause for respondent, cross-appellant. With him on the briefs were Green, Richardson, Griswold & Murphy, John J. Haugh, and O'Connell, Goyak & Haugh, P.C., Portland, and William G. Wheatley, and Jaqua, Wheatley & Gardner, Eugene.

Before McALLISTER, P.J., and DENECKE, HOLMAN, TONGUE, HOWELL, and BRYSON, JJ.

HOLMAN, Justice.

This is an action brought by plaintiff, through his guardian, for damages for personal injuries suffered when an automobile in which he was a passenger was struck by defendant's train at a grade crossing. Defendant Southern Pacific appealed from a judgment for plaintiff entered pursuant to a jury verdict.

The accident occurred during daylight at the intersection of Thurston Road and defendant's railroad track near the city of Springfield in...

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