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DENTON v. DAVIS ET AL.

191 Or. 646 (1951)

233 P.2d 213

DENTON v. DAVIS ET AL.

Supreme Court of Oregon.

Reversed June 20, 1951.

Attorney(s) appearing for the Case

Paul R. Harris and Carlton Reiter argued the cause for appellant. On the brief were Stern & Reiter, and Paul R. Harris, all of Portland.

Eugene K. Oppenheimer and Wayne A. Williamson argued the cause for respondents. On the brief were Wilbur, Beckett, Oppenheimer, Mautz & Souther, and Wayne A. Williamson, all of Portland.

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

REVERSED.

TOOZE, J.

This is an action for damages for personal injuries claimed to have been suffered as the result of the alleged negligent operation of a motor truck, brought by Roy Denton, as plaintiff, against R.F. Davis, dba Beaver Special Delivery, William Louis Rockwell, Perl C. Bateman, and Birdie Bateman, as defendants.

Prior to the trial plaintiff took a voluntary nonsuit as to the defendants Bateman. By the stipulation entered into at the...

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