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PLOURD v. SOUTHERN PACIFIC TRANSPORTATION CO.

513 P.2d 1140 (1973)

Donald F. PLOURD, Respondent, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Corporation, Appellant.

Supreme Court of Oregon.

Decided September 10, 1973.

Attorney(s) appearing for the Case

James H. Clarke, Portland, argued the cause for appellant. With him on the brief were Dezendorf, Spears, Lubersky & Campbell, and Wayne Hilliard and Richard H. Williams, Portland.

Edward J. Niland, San Jose, Cal., argued the cause for respondent. With him on the briefs were Boccardo, Blum, Lull, Niland, Teerlink & Bell, San Jose, Cal., and Gearin, Landis & Aebi, and John Gordon Gearin, Portland.

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

TONGUE, Justice.

This is an action for damages for personal injuries sustained by a brakeman on a freight train when, in the process of stopping that 74-car train, the "slack ran in" with such violence as to throw plaintiff to the floor of the caboose. The case was tried before a jury, which returned a verdict in favor of plaintiff in the sum of $400,000.

Defendant does not deny that there was sufficient evidence...

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