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VOIGHT v. NYBERG

218 Or. 383 (1959)

345 P.2d 821

VOIGHT v. NYBERG

Supreme Court of Oregon.

Reargued October 8, 1959.

Reversed and remanded October 30, 1959.

Attorney(s) appearing for the Case

Sam Kyle, Albany, argued the cause for appellant. With him on the brief were Weatherford and Thompson, Albany.

Asa L. Lewelling, Salem, argued the cause and filed a brief for respondent.

REVERSED AND REMANDED.

McALLISTER, C.J.

This is an action to recover damages sustained when an automobile operated by the plaintiff, Richard A. Voight, allegedly was forced off the road and into a ditch by a station wagon owned and operated by the defendant, Willis Nyberg. The jury returned a verdict for the defendant and from the judgment based thereon, plaintiff has appealed. Plaintiff contends that the trial court erred in its instructions to the jury....

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