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KATHREN v. OLENIK

No. 7608-11301; CA 10345.

613 P.2d 69 (1980)

46 Or.App. 713

Sallybeth KATHREN, by Her Guardian, Susan Kathren, Guardian Ad Litem, Appellant, v. Paul OLENIK and John Olenik, Respondents.

Court of Appeals of Oregon.

Decided June 23, 1980.

Attorney(s) appearing for the Case

Richard Haeder, Portland, argued the cause and filed the brief for appellant.

Elizabeth K. Reeve, Portland, argued the cause for respondents. With her on the brief were Souther, Spaulding, Kinsey, Williamson & Schwabe, and Mark H. Wagner, Portland.

Before JOSEPH, P.J., RICHARDSON, J., and SCHWAB, C.J.

RICHARDSON, Judge.

Plaintiff, through her guardian ad litem, seeks recovery for personal injuries sustained when she was bitten by defendants' dog. The trial court granted defendants' motion for involuntary nonsuit on the ground that there was no evidence of defendants' knowledge of their dog's propensity to bite. Plaintiff appeals the judgment, asserting that there was sufficient evidence to submit three issues to the jury: (1) strict liability in tort for owning...

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