Show IS HEL TO CONTRIBUTED TO INJURY J Judgment url ment of tl the lower court for in favor of tho tim plaintiff in Iii II tho damage suit of Mike Ikc D. D vs the Oregon Short Line Railroad company was wa ro- ro vorse versed by the supreme court this morning the Or Oregon gon Short Line having appealed to the higher tribunal from the tho third district dia- dia court court Gilbourne was a a Rio Grande Grando engineer and after switching some cars from froni the Rio Grande to the tho Oregon Short hort Line Une yards stopped his engine on tho the main mainline mainline line lne of the Short Line and was standing at the front of of- his engine when it i was struck by a train of Short Line cars and Gilbourne so severely injured that the amputation of ono of his legs was made necessary Justice McCarty with Justice Frick concurring concurring- and Chief Justice dissenting dis dis- holds Jn Ju JI brief that was guilty of contributory contributor negligence in stopping stopping stopping stop stop- ping his engine upon a track along which ho he 10 knew a train of cars might pass at any moment especially in view of the fa tact fact t that he was a skilled engineer It I also is held that the lower court erred in one of its Instructions in iii which It I invaded the I province of or the jury and fixed a lower I standard or degree of care caro and caution cauton for the thc engineer than was wa prescribed by bythe bythe the rules of the Short Line company I |