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FLANDE v. BRAZEL

236 Or. 156 (1963)

386 P.2d 920

FLANDE v. BRAZEL

Supreme Court of Oregon.

Affirmed November 20, 1963.

Petition for rehearing denied December 17, 1963.

Attorney(s) appearing for the Case

C.S. Emmons, Albany, argued the cause for appellant. On the brief were Willis, Kyle & Emmons, Albany.

Harrison M. Weatherford, Albany, argued the cause for respondent. On the brief were Weatherford, Thompson & Horton, Albany.

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

AFFIRMED.

DENECKE, J.

This is an automobile accident case. The car which the defendant was driving sideswiped the plaintiff who was standing on the pavement next to his parked pickup. The lights of the plaintiff's 1937 pickup were either very dim or completely out. The accident occurred at night in the country. The jury returned a plaintiff's verdict and judgment was entered thereon. The defendant has appealed.

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