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WOODFINE v. MAIER

216 Or. 313 (1959)

338 P.2d 681

WOODFINE v. MAIER

Supreme Court of Oregon.

Affirmed April 29, 1959.

Attorney(s) appearing for the Case

Brazier C. Small, of Salem, argued the cause and filed a brief for appellant.

Malcolm F. Marsh, of Salem, argued the cause for respondent. With him on the brief were Marsh, Marsh & Dashney, of McMinnville, and Edward L. Clark, Jr., of Salem.

Before ROSSMAN, Presiding Justice, and PERRY, SLOAN and CRAWFORD, Justices.

AFFIRMED.

CRAWFORD, J. (Pro Tempore)

Defendant appeals from an adverse judgment entered on the verdict of a jury. He assigns as error the lower court's rulings on his motions for nonsuit, directed verdict, withdrawal of charges of negligence and for judgment notwithstanding the verdict, all presenting the primary question stressed in brief and argument, the sufficiency of the evidence. Also criticized is the instruction given on circumstantial evidence.

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