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STATE v. FOSTER

222 Or. 103 (1960)

352 P.2d 502

STATE OF OREGON v. FOSTER

Supreme Court of Oregon.

Affirmed May 25, 1960.

Attorney(s) appearing for the Case

Austin Dunn, Baker, argued the cause and filed a brief for appellant.

Jesse R. Himmelsbach, Jr., District Attorney for Baker County, Baker, argued the cause and filed a brief for respondent.

Before McALLISTER, Chief Justice, and WARNER, PERRY, SLOAN, O'CONNELL, GOODWIN and MILLARD, Justices.

AFFIRMED.

McALLISTER, C.J.

The defendant, Carl Foster, was convicted of driving an overloaded truck and fined $300, from which judgment he appeals.

The case was tried to the court upon an agreed statement of facts. It appears that Foster was employed by a private truck owner who leased his truck to an independent contractor engaged in street construction under a contract with the city of Baker. Defendant was...

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