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RIGSBY v. BURLINGTON NORTHERN INC.

No. A7711-15917; CA 14412.

611 P.2d 1193 (1980)

46 Or.App. 461

Clyde Lee RIGSBY, Appellant, v. BURLINGTON NORTHERN INC., a Delaware Corporation, Respondent.

Court of Appeals of Oregon.

Decided June 2, 1980.

Attorney(s) appearing for the Case

William B. Aitchison, Portland, argued the cause for appellant. With him on the briefs was Jolles, Sokol & Bernstein, P.C., Portland.

Roger Hennagin, Portland, argued the cause for respondent. With him on the brief was Delbert W. Johnson, Portland.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.

JOSEPH, Presiding Judge.

Appealing from a judgment rendered for defendant railroad company in a personal injury action, plaintiff assigns as error the court's giving the following instruction to the jury:

"It follows, therefore, that there is a duty to make reasonable inspections of the cars to the end that defects therein may be ascertained and to warn or to repair the defect thus found. There is no duty, however, on the part of the railroad in any event...

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