BALDWIN v. MILLER

No. 77-1538-L-3; CA 13061.

606 P.2d 629 (1980)

Wendell BALDWIN and Joan E. Baldwin, Respondents, v. Bertha MILLER, Doing Business As Grants Pass Rural Fire Department and Ambulance Service, Appellant.

Court of Appeals of Oregon.

Decided February 11, 1980.


Attorney(s) appearing for the Case

Brian J. Hawkins, Grants Pass, filed brief for appellant.

Ervin B. Hogan, Medford, filed brief for respondents.

Before SCHWAB, C.J., and BUTTLER and ROBERTS, JJ.


SCHWAB, Chief Judge.

Defendant, who operates a private company that offers fire fighting service to individual property owners in certain rural areas, appeals from a judgment that the trial court, sitting without a jury, entered for plaintiffs. Defendant had attempted to fight a fire that broke out in a home plaintiffs were constructing. Defendant's efforts were ineffectual, and the structure was a total loss. There is some evidence to support, at least arguably,...

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