Morser v. Southern Pacific Co.

BELT, J.-

Plaintiff seeks to recover damages for injuries sustained by reason of having been struck by a south-bound electric train running between Portland and Oswego, operated by the defendant company. This cause was here on a former appeal (110 Or. 9, 222 Pac. 736) and the judgment was reversed for the reason that plaintiff was held guilty of contributory negligence, as a matter of law. On retrial, a verdict was again rendered for plaintiff. Hence this appeal.

The accident occurred October 18; 1921, at about 5:40 a. m., in the outskirts of the City of Portland, as plaintiff was crossing the…