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PLOURD v. SOUTHERN PACIFIC TRANSPORTATION CO.

534 P.2d 965 (1975)

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

Supreme Court of Oregon.

Decided May 1, 1975.

Attorney(s) appearing for the Case

James H. Clarke, Portland, argued the cause for appellant. With him on the briefs were Dezendorf, Spears, Lubersky & Campbell, Wayne Hilliard and Robert E. Maloney, Jr., Portland.

Edward J. Niland, San Jose, Cal., argued the cause for respondent. With him on the brief were Gearin, Cheney, Landis, Aebi & Kelley, John Gordon Gearin and Jeffrey M. Batchelor, Portland, and Boccardo, Blum, Lull, Niland, Teerlink & Bell and Heber N. Teerlink, San Jose, Cal.

Before McALLISTER, P.J., and DENECKE, 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. It is the second time that this case has come before this court. In a previous decision we set aside a jury verdict in favor of the plaintiff because of errors in the trial of the case and remanded it for a new trial. 266 Or. 666, 513 P.2d 1140 (1973). The case was then retried before a jury, which again returned a verdict...

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