Brigham v. Southern Pacific Co.

This is an action controlled by the Federal Employers’ Liability Act. Plaintiff alleged that he was injured in the course of his night time employment by defendant when he tripped and fell over a loose tie that had been negligently left between tracks 8 and 9 of defendant’s Brooklyn Yards in Portland. The case was submitted to a jury. Defendant prevailed and plaintiff appeals. The assignments of error are directed at the refusal of the court to allow a mistrial, the admission of certain evidence and to instructions given to the jury.

Prior to the alleged accident plaintiff had suffered other…