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MARTIN v. BURLINGTON NORTHERN, INC.

No. A7804-05573; CA 15105.

614 P.2d 1203 (1980)

47 Or.App. 381

Jesse Wayne MARTIN, Respondent, v. BURLINGTON NORTHERN, INC., a Corporation, Appellant.

Court of Appeals of Oregon.

Decided July 28, 1980.

Attorney(s) appearing for the Case

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

J. Michael Alexander, Salem, argued the cause for respondent. With him on the brief were Zig I. Zakovics and Reiter, Bricker, Zakovics & Querin, Portland.

Before SCHWAB, C.J., and THORNTON and RICHARDSON, JJ.

THORNTON, Judge.

Defendant railroad appeals from a judgment for $325,000 in favor of plaintiff, an employe of defendant, for a back injury plaintiff claims he sustained in the Bend, Oregon, railroad yard. The action was brought under the Federal Employers' Liability Act (FELA), 45 U.S.C. § 51, et seq.

Defendant railroad seeks a new trial, or a new trial on the issue of damages only, or a remittitur on the amount of damages awarded by the jury. It assigns...

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