Ferretti v. Southern Pacific Co.

This is a personal injury action. The cause was submitted to the jury solely under the provisions of the Oregon Employers’ Liability Act, in accordance with the theory of plaintiff, and a verdict was rendered against both defendants in the sum of $15,000. On motions of the defendants, the trial court set aside the judgment and ordered a new trial for the following reasons: (1) Error committed in denying the motions of the defendants for nonsuit and a directed verdict, based on the contention that the Employers’ Liability Act had no application to the facts in the case and that there was no…