SMITH v. BROWN


237 Or. 23 (1964)

390 P.2d 364

SMITH v. BROWN

Supreme Court of Oregon.

Affirmed March 18, 1964.


Attorney(s) appearing for the Case

Freeman C. Murray, Klamath Falls, argued the cause for appellant. On the brief were Beesley and Murray, Klamath Falls.

David E. Card, Klamath Falls, argued the cause for respondent. On the brief were Smith and Card, Klamath Falls.

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


AFFIRMED.

ROSSMAN, J.

This is an appeal by the plaintiff from a judgment of the circuit court which it entered in favor of the defendant after it had sustained the latter's motion for a judgment of involuntary nonsuit. The basis of the allowance of the motion was a lack of evidence, so the trial judge ruled, to sustain the averments of negligence.

The defendant was the operator of a hotel in Klamath Falls. When the plaintiff was in the hotel February...

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