Rea v. Union Pacific Railroad Co.

Defendant appeals from the trial court’s judgment for plaintiff in this action under the Federal Employers Liability Act, 45 USC § 51 (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 in-court admissions, defendant agreed that it was negligent, that some of plaintiffs hearing loss was caused by the retarder noise and “that loud sounds such as the retarder…