SCOTT v. SOUTHERN PACIFIC TRANSP. CO.


562 P.2d 963 (1977)

278 Or. 47

Jasper SCOTT, Appellant, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Corporation, Respondent.

Supreme Court of Oregon, Department 1.

Decided April 19, 1977.


Attorney(s) appearing for the Case

Ann Morgenstern, Portland, argued the cause for appellant. With her on the briefs were Carlton R. Reiter, and Reiter, Bricker & Zakovics, P.C., Portland.

James H. Clarke, Portland, argued the cause for respondent. With him on the brief were George L. Kirklin, Vawter Parker, and Dezendorf, Spears, Lubersky & Campbell, Portland.

Before DENECKE, C.J., and TONGUE, HOWELL and LENT, JJ.


HOWELL, Justice.

Plaintiff filed an action under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq. (1970), against defendant for personal injuries. A jury returned a verdict for the defendant railroad, and plaintiff appeals from the judgment.

In December, 1973, plaintiff was riding in defendant's work bus when the driver of the bus backed over a bank and into a ditch about 12 feet deep. The bus came to rest on its side in some water. Plaintiff...

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