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MYHRE v. PETERSON

233 Or. 470 (1963)

378 P.2d 1002

MYHRE v. PETERSON

Supreme Court of Oregon.

Reversed and remanded February 27, 1963.

Attorney(s) appearing for the Case

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

Asa Lewelling, Salem, argued the cause for respondent. On the brief were Lewelling & Gies.

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

REVERSED AND REMANDED.

LUSK, J.

Plaintiff was struck by an automobile driven by defendant, sued to recover damages for his injuries, and the jury returned a verdict for the defendant. Plaintiff has appealed from the consequent judgment, assigning as error two instructions given by the court.

1, 2. Plaintiff was a railroad telegraph operator in the employ of the S P & S Railway Company. He worked in the company's depot located at the northwest corner...

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