Frank Reiner v. Northern Pacific Terminal Company of Oregon, a Corporation

Frank Reiner, appellant herein, brought an action for damages in the United States District Court for the District of Oregon, under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., against the Northern Pacific Terminal Company of Oregon, appellee herein. A jury found a verdict in favor of the appellee and this appeal followed. There is no question of the jurisdiction of the Court below nor of this Court.

Testimony in the trial of the District Court showed that appellant, an employee of appellee, was riding in the trail unit of two diesel engines coupled together back-to-back. After the double unit was stopped, there was a reverse movement of the engines of about 500 feet. During this reverse movement a collision occurred with a “cut of cars” which were being switched from an adjacent track to the track upon which the double diesel unit was being operated.

After the collision, appellant, unlike other fellow employees in the double diesel unit, jumped from the engine, testifying that it “looked like it was on fire” and that his one thought “was to get away from the fire and get out of there.” In statements shortly after the accident, appellant said, “I got hurt when…