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KOWALESKI v. KOWALESKI

235 Or. 454 (1963)

385 P.2d 611

KOWALESKI v. KOWALESKI

Supreme Court of Oregon.

Affirmed October 9, 1963.

Attorney(s) appearing for the Case

Milton O. Brown, Portland, argued the cause for appellant. With him on the briefs were Brown & Kettleberg and Richard Egner, Jr., Portland.

Roland Banks, Jr., Portland, argued the cause for respondent. With him on the brief were Mautz, Souther, Spaulding, Kinsey & Williamson and Gordon Moore, Portland.

Before PERRY, Presiding Justice, and O'CONNELL, GOODWIN, DENECKE and LUSK, Justices.

AFFIRMED.

DENECKE, J.

This is an automobile accident case.

The sole issue is: was the driver of the car, as a matter of law, the servant of the owner of the car? The trial court left this question of agency to the jury. The jury returned a defendant's verdict.

The driver, Andrew Kowaleski, and the car owner, Antone Kowaleski, are brothers. They operate a service station in Portland. After work...

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