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BORGERT v. SPURLING ET AL.

191 Or. 344 (1951)

230 P.2d 183

BORGERT v. SPURLING ET AL.

Supreme Court of Oregon.

Reversed April 11, 1951.

Attorney(s) appearing for the Case

Herman P. Hendershott, of Eugene, and Robert B. Carmichael, of Springfield, argued the cause and filed a brief for Respondent.

Gordon Ramstead argued the cause for Appellant. On the brief were Ramstead & Huey, of Eugene, and W.K. Rodman, of Springfield.

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

REVERSED.

LUSK, J.

This is an appeal by the defendant, Stanley G. Spurling, from a judgment for the plaintiff in an action against Spurling and two others to recover damages for personal injuries sustained in an automobile accident. The question for decision is whether the defendant Spurling was entitled to a directed verdict.

The facts of the case are as follows: On the night of August 1, 1948, the plaintiff, Ned Borgert, and six others — four...

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