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SCHWESINGER ET AL v. HEBERT ET AL

220 Or. 149 (1960)

348 P.2d 249

SCHWESINGER ET AL v. HEBERT ET AL

Supreme Court of Oregon.

Reversed January 13, 1960.

Petition for rehearing denied February 9, 1960.

Attorney(s) appearing for the Case

Herbert H. Anderson, Portland, argued the cause for appellants. With him on the briefs were Koerner, Young, McColloch & Dezendorf, Portland.

Fred H. Bernau argued the cause for respondents. On the brief were Horn & Slocum and Bernau & Wilson, Roseburg.

Before McALLISTER, Chief Justice, and PERRY, O'CONNELL and REDDING, Justices.

REVERSED.

REDDING, J. (Pro Tempore)

This is an action at law brought by the plaintiff Schwesinger and the collision insurer of plaintiff Schwesinger's truck, the National Surety Corporation, to recover for damage to plaintiff Schwesinger's logging truck and for the loss of use thereof resulting from a collision between said truck and a locomotive belonging to defendant Southern Pacific Company.

The accident occurred on the Southern Pacific main line...

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