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KLEIN v. MONTGOMERY WARD & CO.

235 Or. 315 (1963)

384 P.2d 978

KLEIN v. MONTGOMERY WARD & CO.

Supreme Court of Oregon.

Affirmed September 5, 1963.

Attorney(s) appearing for the Case

Carl R. Neil, Portland, argued the cause for appellant. On the brief were Carl R. Neil, Jerard S. Weigler, Krause, Lindsay & Nahstoll, Loyalty Building, Portland 4, Oregon.

A. Allan Franzke, Portland, argued the cause for respondent. On the brief were A. Allan Franzke, James F. Spiekerman, Mautz, Souther, Spaulding, Kinsey & Williamson, Board of Trade Building, Portland 4, Oregon.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN, O'CONNELL, GOODWIN and DENECKE, Justices.

AFFIRMED.

ROSSMAN, J.

This is an appeal by the plaintiff, Emeline B. Klein, from a judgment which the circuit court entered in favor of the defendant, Montgomery Ward & Co. The action which ended in that manner was instituted by the plaintiff to recover damages for an injury which she suffered when she fell down a flight of four steps in an entrance way of the defendant's Portland store. The challenged judgment was entered after (1) the defendant had moved...

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