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FURRER v. YEW CREEK LOGGING CO.

206 Or. 382 (1956)

292 P.2d 499

FURRER v. YEW CREEK LOGGING COMPANY

Supreme Court of Oregon.

Reversed January 25, 1956.

Petition for rehearing denied February 15, 1956.

Attorney(s) appearing for the Case

William J. Moshofsky and John Gordon Gearin, of Portland, argued the cause for appellant. With them on the briefs were Koerner, Young, McColloch & Dezendorf, of Portland.

Bruce Spaulding argued the cause for respondent. On the brief were Mautz, Souther, Spaulding, Denecke & Kinsey, of Portland.

REVERSED.

TOOZE, J.

This is an action to recover for property damage to and loss of use of a lumber truck belonging to plaintiff, Joseph J. Furrer, caused by the alleged negligence of defendant, Yew Creek Logging Co. The case was tried to a jury which returned a verdict for plaintiff in the sum of $9,738.98. From an order setting aside the verdict and judgment and granting a new trial, plaintiff appeals.

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