Leona Dixon, Administratrix of the Estate of John C. Dixon, Deceased v. Southern Pacific Transportation Company, a Corporation

Southern Pacific Transportation Company (Southern Pacific) appeals from a substantial judgment entered against it in this wrongful death action. Southern Pacific correctly argues that the presiding magistrate committed clear error in the administration of the jury trial. In light of the particular facts of the case, however, we conclude that the error was harmless and therefore affirm.

I

In 1974, Dixon’s husband was struck and killed by a train operated by Southern Pacific. Dixon brought a diversity action in the district court to recover for the allegedly wrongful death of her spouse. The trial was conducted by a United States Magistrate by stipulation of the parties. The substantive issues raised during the trial were governed by Oregon law.

At the close of the evidence, the magistrate instructed the jury on Oregon’s comparative negligence law. During the course of the jury’s deliberations, one of its members handed a note to the bailiff and asked that it be given to the magistrate. The bailiff telephoned the magistrate and read the note to him. The note stated:

The magistrate responded by directing the bailiff to tell the jury “that she would get nothing.” While the…