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FISHER v. KIRK & SON, INC.

219 Or. 402 (1959)

347 P.2d 851

FISHER v. KIRK & SON, INC.

Supreme Court of Oregon.

Affirmed December 16, 1959.

Attorney(s) appearing for the Case

Philip A. Levin, Portland, argued the cause for appellant. With him on the briefs were Peterson, Pozzi & Lent, Portland.

Winfrid K. Liepe, Portland, argued the cause for respondents. With him on the briefs were Maguire, Shields, Morrison & Bailey and Howard K. Beebe, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, SLOAN and KING, Justices.

AFFIRMED.

KING, J., (Pro Tempore)

This is an action for damages for personal injuries. Plaintiff claims both under the Employers' Liability Act and under common-law negligence.

After the plaintiff had completed his case, the lower court granted defendant's motion for nonsuit and plaintiff appealed.

There is just one assignment of error, namely: The court erred in sustaining defendant's motion for nonsuit.

The plaintiff, Edward D. Fisher...

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