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TAYLOR v. LAWRENCE

229 Or. 259 (1961)

366 P.2d 735

TAYLOR v. LAWRENCE

Supreme Court of Oregon.

Reversed and remanded December 13, 1961.

Attorney(s) appearing for the Case

Clifford B. Olsen, Portland, argued the cause for appellant. On the brief were Anderson, Franklin, Jones & Olsen.

Laurence Morley, Lebanon, argued the cause for respondent. On the brief were Morley, Thomas & Orona.

Before WARNER, Presiding Justice, and SLOAN, O'CONNELL, LUSK and BRAND, Justices.

REVERSED AND REMANDED.

LUSK, J.

This is an action to recover damages for personal injuries in which the jury returned a verdict for the defendant and the plaintiff has appealed.

Plaintiff's fifth amended complaint, on which the case was tried, alleged the following:

"On or about September 9, 1957, plaintiff and defendant were among the guests at the home of Mr. and Mrs. Kenneth Smitley at Lebanon, Oregon. While the plaintiff and other guests...

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