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MORRIS v. FITZWATER

187 Or. 191 (1949)

210 P.2d 104

MORRIS v. FITZWATER

Supreme Court of Oregon.

Reversed and remanded September 27, 1949.

Costs retaxed October 18, 1949.

Attorney(s) appearing for the Case

Wesley A. Franklin, of Portland, argued the cause for appellant. On the brief were Lord, Anderson & Franklin, of Portland.

Lou A. Recken, of Portland, argued the cause for respondent. On the brief were Senn, Recken & Recken, of Portland, and Weatherford & Thompson, of Albany.

Before BRAND, Acting Chief Justice, and BAILEY, HAY and PAGE, Justices.

HAY, J.

At about ten o'clock in the evening of April 7, 1945, plaintiff, accompanied by her husband, was driving her automobile on the Albany-Lebanon highway, when suddenly, and without warning, the lights upon the automobile became extinguished. The night was dark and the weather was stormy. Plaintiff steered her car to the right side of the highway and brought it to a stop with the left rear wheel resting upon the paved portion of the highway and approximately 18...

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