OLIVER v. BURLINGTON NORTHERN, INC.


531 P.2d 272 (1975)

Jerry A. OLIVER, Appellant, v. BURLINGTON NORTHERN, INC., a Delaware Corporation, Respondent.

Supreme Court of Oregon.

Decided January 30, 1975.


Attorney(s) appearing for the Case

George M. Joseph, Bemis, Breathouwer & Joseph, Portland, argued the cause for appellant. With him on the brief was Douglas S. Querin, of Reiter, Wall, Bricker & Zakovics, P.C., Portland.

Delbert W. Johnson, Portland, argued the cause for respondent. With him on the brief was Gary H. Peterson, Portland.

Before O'CONNELL, C.J., and DENECKE, HOLMAN, TONGUE, HOWELL and BRYSON, JJ.


HOLMAN, Justice.

Plaintiff brought an action against his employer under the Federal Employers' Liability Act (45 U.S.C. § 51 et seq.) for damages resulting from personal injuries suffered during his employment. He received a judgment based upon a jury verdict in the sum of $44,000. On defendant's motion the trial court ordered a remittitur in the sum of $20,000 or, in the alternative, a new trial. There was a stipulated loss of wages in the sum of $9,000; therefore...

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