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BARNES v. WINKLER

216 Or. 130 (1959)

337 P.2d 816

BARNES v. WINKLER

Supreme Court of Oregon.

Reversed and remanded April 15, 1959.

Attorney(s) appearing for the Case

J.P. Stirling, Portland, argued the cause and filed a brief for appellant.

John Gordon Gearin, Portland, argued the cause for respondent. With him on the brief were Koerner, Young, McColloch & Dezendorf and Albert H. Ferris, Portland.

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

REVERSED AND REMANDED.

LUSK, J.

This is an action to recover damages for personal injury sustained by plaintiff as a result of being struck by an automobile driven by the defendant. The court granted a directed verdict for the defendant and plaintiff has appealed.

The accident occurred at about 5:15 p.m. of a December evening, after dark and in a drizzling rain, as plaintiff, a pedestrian, was crossing Columbia Boulevard in the city of Portland. Plaintiff...

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