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WILLIAMSON v. SOUTHERN PACIFIC TRANSP. CO.

No. 31426; SC 25333.

584 P.2d 753 (1978)

284 Or. 11

Dennis WILLIAMSON, Appellant, v. THE SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware Corporation, Respondent.

Supreme Court of Oregon, Department 2.

Decided October 3, 1978.

Attorney(s) appearing for the Case

Clayton C. Patrick, Salem, argued the cause for appellant. With him on the briefs was Roy Dwyer, Eugene.

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

Before DENECKE, C.J., and TONGUE, BRYSON, and LINDE, JJ.

BRYSON, Justice.

Plaintiff brought this action to recover damages for personal injuries suffered in an accident which occurred when the pickup truck plaintiff was driving struck defendant's engine. The accident occurred at 10 p.m. December 2, 1975. It was sprinkling, but the pavement was not wet. The rail-highway crossing is near Philomath, Oregon, on Highway 20. Plaintiff was driving west and the engine, used for night switching...

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