OREGON MUTUAL FIRE INS. CO. v. MAYER


211 Or. 556 (1957)

316 P.2d 805

OREGON MUTUAL FIRE INSURANCE CO. v. MAYER ET AL

Supreme Court of Oregon.

Reversed October 23, 1957.


Attorney(s) appearing for the Case

Willard L. Cushing, McMinnville, argued the cause for appellant. With him on the brief were Marsh, Marsh & Dashney, McMinnville.

Robert H. Foley, Bend, argued the cause for respondents. On the brief were De Armond, Goodrich, Foley & Gray, Bend.

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


REVERSED.

PERRY, C.J.

The plaintiff, as subrogee, brought this tort action against the defendants to recover for a loss paid under a fire insurance policy issued to its insured. The jury returned a verdict for the defendants and the plaintiff appeals.

The plaintiff's assured, Ronald D. Fowler and wife, operated a service station in the city of Bend, Oregon, and upon the premises of the assured was located a restaurant leased to a third party. A fire...

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