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ZOELLER v. BURLINGTON NORTHERN

A8108-04903; CA A33033.

719 P.2d 488 (1986)

79 Or.App. 259

Robert L. ZOELLER, Plaintiff, v. BURLINGTON NORTHERN, INC., a corporation, and Bird & Son, Inc., a corporation, Defendants. Burlington Northern, Inc., a corporation, Third-party Plaintiff, and BIRD & SON, INC., a corporation, Respondent-Cross-appellant, v. SHELL OIL COMPANY, Appellant-Cross-respondent.

Court of Appeals of Oregon.

Decided May 14, 1986.

Attorney(s) appearing for the Case

William N. Mehlhaf, Portland, argued the cause for appellant-cross-respondent. With him on the briefs were Burns and Mehlhaf.

J.P. Graff, Portland, argued the cause for respondent-cross-appellant. With him on the brief were Schwabe, Williamson, Wyatt, Moore & Roberts.

Before RICHARDSON, P.J., and WARDEN and YOUNG, JJ.

WARDEN, Judge.

Plaintiff Zoeller, a brakeman for Burlington Northern Railroad, was injured in the early morning of September 9, 1979. He was working at moving railroad cars on property belonging to Bird & Son (Bird) in Portland when he stepped on a metal plate covering an "access point" to underground steam and fuel lines close to the railroad tracks. The plate gave way, and he fell into the access point hole. He brought an action for damages for personal injuries...

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