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REA v. UNION PACIFIC RAILROAD CO.

A8406 03370; CA A42807.

742 P.2d 678 (1987)

87 Or.App. 405

Leroy REA, Respondent, v. UNION PACIFIC RAILROAD COMPANY, a Corporation, Appellant.

Court of Appeals of Oregon.

Decided September 16, 1987.

Attorney(s) appearing for the Case

Austin W. Crowe, Jr., Portland, for appellant. On briefs, were Thomas W. Brown and Cosgrave, Kester, Crowe, Gidley & Lagesen, Portland.

Thomas M. Christ, Portland, for respondent. With him on brief, were Thomas Schnieger and Monte Bricker, Portland.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Defendant appeals from the trial court's judgment for plaintiff in this action under the Federal Employers Liability Act, 45 U.S.C. § 51 et seq. (FELA). Plaintiff was employed by defendant at its yard in Hinkle, Oregon. He alleges that he has suffered a hearing loss and tinnitus due to repeated exposure to the shrill, loud noise emitted when railway cars are rolled or pulled through retarders in the yard. Through its answer and its...

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