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THOMAS v. FOGLIO

225 Or. 540 (1961)

358 P.2d 1066

THOMAS v. FOGLIO

Supreme Court of Oregon.

Reargued January 11, 1961.

Reversed and remanded January 25, 1961.

Attorney(s) appearing for the Case

Gordon G. Carlson, Roseburg, argued the cause for appellant. With him on the briefs were Yates, Murphy & Carlson, Roseburg, and Clifford S. Beckett, Oregon City.

James O. Goodwin, Oregon City, argued the cause for respondent. On the brief were Jack, Goodwin and Santos, Oregon City, and Philip A. Levin, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY, SLOAN, O'CONNELL and LUSK, Justices.

REVERSED AND REMANDED.

O'CONNELL, J.

Plaintiff brought this action to recover damages resulting from the alleged violation of the Employers' Liability Law, ORS 654.305. The jury returned a verdict in favor of plaintiff, but a judgment notwithstanding the verdict was entered. Plaintiff appeals.

Plaintiff, an employee of the Elk Creek Logging Company, was injured while loading logs on defendant's log truck. Elk Creek Logging Company was covered under...

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