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FOX v. ROYCE ET AL.

194 Or. 419 (1952)

242 P.2d 190

FOX v. ROYCE ET AL.

Supreme Court of Oregon.

Reversed with directions April 2, 1952.

Attorney(s) appearing for the Case

Norman L. Easley, of Portland, argued the cause for appellants. With him on the brief were Griffith, Phillips & Coughlin, of Portland.

Ernest J. Burrows, of Portland, argued the cause for respondent. With him on the brief was George Layman, of Newberg.

REVERSED WITH DIRECTIONS.

LATOURETTE, J.

This is an appeal by defendants from an order setting aside the verdict in their favor and granting plaintiff a new trial.

Defendants have submitted a number of assignments of error. This opinion turns on the following: "Under all of the evidence, plaintiff was guilty of contributory negligence as a matter of law, and this court should enter judgment for the defendants...

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