OCR Text |
Show Award to Railroad Employ Revwd , In tha auprarma court today tha appeal of tha Oregon Short Una railroad from tha decision of tha Third dietrict court, Judga A, K, Barnea presiding, which gave Judgment Judg-ment ta Greacanclano Gultron for $1720 was ravened and a new trial granted. Gultron who aa an employe of tha Oregon ehort Una railroad Instituted In-stituted an action for. tha loss of tha eight of hla loft eye. the Injury being be-ing due to tha rallroad'a aleged negligence. neg-ligence. Tha lower court awarded Judsment In favor of Gultron. The railroad appealed and In an opinion written by Chief Juetlce A. J. Weber the Judgment la reversed and a new trial granted. Juatlea J. IS. Flick did not participate In the case. "The disputed facta In this case." says the court, "eetabllahed the defense de-fense of assumed risk eo dearly and so Indubitably that In accordance accord-ance with the declalona of both thla court and tha federal courta, It. waa the duty of the trial court to eo hold aa a matter of law, and for that reason. rea-son. If for no other, to grant tha motion mo-tion for nonauit which waa Inter-poaed Inter-poaed by appellant. "Judgment la reversed ani a new trial granted, appellant to recover coata." |