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HVAL v. SOUTHERN PAC. TRANSP. CO.

No. A 7702 02141; CA 10689.

592 P.2d 1046 (1979)

39 Or.App. 479

Edroy R. HVAL, Respondent, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, a corporation, Appellant.

Court of Appeals of Oregon.

Decided April 2, 1979.

Attorney(s) appearing for the Case

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

Jeffrey M. Batchelor, Portland, argued the cause for respondent. With him on the brief were Zig I. Zakovics and Reiter, Bricker, Zakovics & Querin, P.C., Portland.

Before SCHWAB, C.J., RICHARDSON, J., and TONGUE, J. Pro Tem.

RICHARDSON, Judge.

Plaintiff sought to recover under the Federal Employers' Liability Act (FELA) for injuries he sustained while working as a car inspector, or carman, on one of defendant's trains. Plaintiff was injured when a car released by one of defendant's switchmen from the main track in defendant's trainyard passed onto a side track, Track No. 3, and collided with a string of cars that plaintiff was inspecting. The accident occurred because the switch controlling...

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