PARKER v. McCARTNEY


216 Or. 283 (1958)

338 P.2d 371

PARKER v. McCARTNEY

Supreme Court of Oregon.

Affirmed April 29, 1958.


Attorney(s) appearing for the Case

Jarvis B. Black, Portland, argued the cause for appellant. With him on the brief were Phillips, Coughlin, Buell & Phillips, Portland.

Frank Pozzi argued the cause for respondent. On the brief were Peterson & Pozzi and Philip A. Levin, Portland.

Before McALLISTER, Chief Justice, and LUSK, WARNER, SLOAN and MILLARD, Justices.


AFFIRMED.

SLOAN, J.

Plaintiff and his wife were the "co-owners" of an automobile. Plaintiff was injured in a collision between the Parker car and defendant McCartney's car at a time when Mrs. Parker was driving. This action ensued in which defendant claimed that ownership on the part of plaintiff is sufficient to impute his wife's negligence to him. The trial court refused to instruct in accordance with defendant's theory; plaintiff recovered a verdict and...

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