CLARK v. STRAIN ET AL


212 Or. 357 (1958)

319 P.2d 940

CLARK v. STRAIN ET AL

Supreme Court of Oregon.

Reversed January 8, 1958.


Attorney(s) appearing for the Case

Roy Kilpatrick, Canyon City, argued the cause and filed briefs for appellant.

Walter J. Cosgrave, Portland, argued the cause for respondents. With him on the brief were Maguire, Shields, Morrison & Bailey, Portland, and Orval D. Yokom, John Day.

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


REVERSED.

WARNER, J.

This is an appeal in an action resulting from a collision occurring in Grant County between a jeep pickup driven by the plaintiff, Clark, and a loaded log truck owned by the defendant Strain and driven by the defendant Hayes. The jury returned a verdict in favor of plaintiff in the amount of $10,000. From an order granting defendants a judgment notwithstanding the verdict, the plaintiff appeals.

The trial court gave as justification...

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