Shevlin-Hixon Co. v. Smith

This is the second time that this case has been brought before this court on appeal. In the first appeal, the present appellee sought review of a judgment ordering that the present appellant’s motion for a directed verdict be sustained. We reversed the judgment of the lower court, and remanded the case for further proceedings. Smith v. Shevlin-Hixon Co., 9 Cir., 157 F.2d 51 . For convenience and brevity, we will hereinafter refer to this earlier opinion as “the first case”.

The appellee asked for damages in the sum of $7,400, for injuries to her right knee suffered when she jumped from a table top to the floor while she was employed in the appellant’s box factory. The jury awarded her $5,900.

The appellant moved for judgment notwithstanding the verdict. The judgment below denied the appellant’s motion, and awarded the appellee damages in accordance with the verdict of the jury, together with $541.62 as costs. From that judgment the present appeal has been taken.

In pre-trial proceedings, the following matters were admitted as to the issues framed by the complaint and the answer thereto:

The action was brought under the Employers’ Liability Act of Oregon, § 102-1601,…