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THOMAS v. DAD'S ROOT BEER, ETC.

225 Or. 166 (1960)

356 P.2d 418

357 P.2d 418

THOMAS v. DAD'S ROOT BEER, ETC.

Supreme Court of Oregon.

Reversed and remanded October 26, 1960.

Petition for rehearing denied December 7, 1960.

Attorney(s) appearing for the Case

Nels Peterson, Portland, argued the cause for appellants. On the briefs were Peterson & Lent and Charles Paulson, Portland.

Robert H. Hollister, Portland, argued the cause for respondent. On the brief were Hollister & Thomas, Portland.

Hollister & Thomas, Portland, filed a brief in support of the petition.

No appearance contra.

Before McALLISTER, Chief Justice, and WARNER, SLOAN, O'CONNELL and HOWELL, Justices.

REVERSED AND REMANDED.

HOWELL, J. (Pro Tempore)

Plaintiff appeals from a judgment for defendant in an action for damages arising out of an auto accident.

1-4. Plaintiff's first assignment of error is based upon the failure of the court to sustain his objection to certain testimony from a police officer not a witness to the accident concerning the location of the point of impact in the street. The trial court later instructed the jury to disregard this...

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