Thomas v. Foglio

This is an action to recover damages for personal injuries suffered by plaintiff while loading logs on defendant’s log truck. The action was brought and tried upon the theory that defendant had violated the Employer’s Liability Law, ORS 654.305. The jury returned a verdict for plaintiff whereupon defendant moved for a judgment n.o.v., or in the alternative, for a new trial. The motion was denied and defendant appeals.

This is the second appeal arising out of the same cause. In the first appeal, Thomas v. Foglio, 225 Or 540, 358 P2d 1066 (1961), we remanded the cause for a new trial to permit…