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KOCH v. SOUTHERN PACIFIC TRANSPORTATION COMPANY

547 P.2d 589 (1976)

Thomas LeRoy KOCH, by Ermol Lee Koch, Guardian ad Litem, Respondent, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Foreign Corporation, Appellant.

Supreme Court of Oregon.

Decided March 25, 1976.

Attorney(s) appearing for the Case

James H. Clarke, Portland, argued the cause for appellant. With him on the briefs were George L. Kirklin, and Dezendorf, Spears, Lubersky & Campbell, Portland.

Burl L. Green of Green, Griswold, & Pippin, Portland, argued the cause for respondent. With him on the brief were John E. Jaqua of Jaqua & Wheatley, Eugene, and John J. Haugh of O'Connell, Goyak & Haugh, P.C., Portland.

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

HOLMAN, Justice.

Plaintiff was injured while a passenger in an automobile which was struck by defendant's train at a grade crossing of the railroad and a county road in Lane County. Defendant appeals from a judgment entered pursuant to a jury verdict for plaintiff. This is the second appeal arising out of the same litigation, a prior verdict for plaintiff having been reversed by this court1 and the initial retrial having resulted in a...

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