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DOWNES v. PLANK

237 Or. 92 (1964)

390 P.2d 622

DOWNES v. PLANK ET AL

Supreme Court of Oregon.

Affirmed March 25, 1964.

Attorney(s) appearing for the Case

Hale G. Thompson, Eugene, argued the cause for appellant. With him on the briefs were Thompson, Mumford & Woodrich, Eugene.

Ralph F. Cobb, Eugene, argued the cause for respondents. With him on the brief were Luvaas, Cobb & Richards, Eugene.

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

AFFIRMED.

PERRY, J.

The plaintiff brought this action against the defendants seeking damages for personal injuries arising out of an automobile accident. The jury returned a verdict for the plaintiff. The defendants filed a motion for a new trial on the statutory grounds as set out in ORS 17.610:

"(1) Irregularity in the proceedings of the court, jury or adverse party, or any order of the court, or abuse of discretion, by which such party was prevented...

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