JURY-DETERMINATION OF DAMAGES BY APPELLATE COURT AS DENIAL OF RIGHT TO TRIAL BY JURY GIVEN BY FEDERAL LAW

Plaintiff's cause of action arose under the federal Merchant Marine Act, which grants a right to trial by jury. Plaintiff recovered judgment and on appeal defendant asked the court to determine the damages pursuant to provision in the Oregon Constitution vesting in the supreme court the power to determine from the evidence the extent of a plaintiff's damages and to direct the entry of a final judgment for the amount thereof, on appeal from a jury's verdict awarding damages claimed by the defendant to be excessive. Held, the provision is inapplicable in cases arising under the federal Merchant Marine Act because it would affect plaintiff's right to trial by jury controlled by federal law. Hust v. Moore-McCormack Lines, (Ore.

1947) 177 P. (2d) 429.