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HOLMES v. STATE IND. ACC. COM.

227 Or. 562 (1961)

362 P.2d 371

363 P.2d 563

HOLMES v. STATE INDUSTRIAL ACCIDENT COMMISSION

Supreme Court of Oregon.

Affirmed May 31, 1961.

Petition for rehearing denied July 12, 1961.

Attorney(s) appearing for the Case

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

Thomas C. Enright, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Robert Y. Thornton, Attorney General, and Ray H. Lafky, Assistant Attorney General, Salem.

Mark V. Weatherford, Albany, argued the cause for intervening defendant, Conrad E. Gates. With him on the brief was W.H. Waterbury, Yachats.

Before McALLISTER, Chief Justice, and ROSSMAN, SLOAN, GOODWIN and LUSK, Justices.

AFFIRMED.

ROSSMAN, J.

This is an appeal by the plaintiff, Leona Holmes, from a judgment which the circuit court entered after it had sustained a motion, made by the defendant at the close of the plaintiff's evidence, for the entry of judgment of involuntary nonsuit. The defendant is the State Industrial Accident Commission. The plaintiff, at the time of her alleged injury on February 8, 1957, was a waitress in a restaurant known as the Gateway Cafe of which...

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