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WARNER v. MAUS ET AL

209 Or. 529 (1956)

304 P.2d 423

WARNER v. MAUS ET AL

Supreme Court of Oregon.

Reversed and remanded December 12, 1956.

Petition for rehearing denied February 27, 1957.

Attorney(s) appearing for the Case

Ray G. Brown, Portland, argued the cause and filed briefs for appellant.

H.H. Phillips, Portland, argued the cause for respondent Solomon Maus. With him on the brief were David H. Fertig, Phillips, Coughlin, Buell and Phillips, Portland. Homer L. Allen, Portland, filed a brief for respondent Warren G. Fleming.

Before WARNER, Chief Justice, and ROSSMAN, LUSK, BRAND, PERRY and McALLISTER, Justices.

REVERSED AND REMANDED.

McALLISTER, J.

This is an action to recover damages for personal injuries suffered by the plaintiff in an automobile accident. There were two defendants. At the conclusion of the evidence for the plaintiff, the defendant Fleming moved for non-suit. Plaintiff joined in the motion and it was granted. Thereafter, the jury returned its verdict in favor of the defendant Maus and from the judgment entered upon the verdict, plaintiff appeals...

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