JENSEN v. SALEM SAND AND GRAVEL CO.


192 Or. 51 (1951)

233 P.2d 237

JENSEN v. SALEM SAND AND GRAVEL COMPANY

Supreme Court of Oregon.

Affirmed June 27, 1951.


Attorney(s) appearing for the Case

James Arthur Powers, of Portland, argued the cause for appellant. With him on the brief were Sam Van Vactor, of The Dalles, and James M. Burns, of Portland.

Alan F. Davis, of Portland, argued the cause for respondent. With him on the brief was Kenneth M. Abraham, of Hood River.

Before BRAND, Chief Justice, and ROSSMAN, LATOURETTE, WARNER and TOOZE, Justices.


AFFIRMED.

LATOURETTE, J.

Plaintiff (respondent), a pregnant woman, recovered a $7,500.00 judgment against defendant (appellant) by way of damages arising out of an injury she sustained while crossing a sewer ditch which had been excavated but partially refilled by defendant.

During the course of the trial, defendant moved for an involuntary nonsuit and a directed verdict on grounds that plaintiff was guilty of contributory negligence as a matter of...

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