LAMB-WESTON v. ORE. AUTO. INS. CO.


219 Or. 110 (1959)

341 P.2d 110

346 P.2d 643

LAMB-WESTON, INC. ET AL v. OREGON AUTOMOBILE INSURANCE CO.

Supreme Court of Oregon.

Affirmed as modified June 24, 1959.

Petition for rehearing denied, former opinion modified November 25, 1959.


Attorney(s) appearing for the Case

John H. Kottkamp, Pendleton, argued the cause for appellant. With him on the brief were Kilkenny & Fabre, of Pendleton.

Carl G. Helm, Jr., of La Grande, argued the cause for respondents. On the brief were Helm & Neely, La Grande, and Minnick & Hahner and James B. Mitchell, of Walla Walla, Washington.

Helm & Neely, La Grande, Minnick & Hahner and James B. Mitchell, Walla Walla, Washington, and Rhoten, Rhoten & Speerstra, Salem, for the respondents.

Fabre, Collins & Kottkamp, Pendleton, for the appellant.

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


AFFIRMED AS MODIFIED.

PERRY, J.

Defendant appeals from a judgment in the sum of $3,399.23. The case was tried without a jury. There are two assignments of error, the first listing eight subdivisions, and the second, two. The first assignment, in general, challenges rulings of the trial court in denying motions for nonsuit and for judgment for defendant. The second assignment of error raises the question of whether or not the trial court erred in entering judgment...

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