FISHER v. CALIFORNIA INSURANCE CO.


236 Or. 376 (1964)

388 P.2d 441

FISHER v. CALIFORNIA INSURANCE COMPANY

Supreme Court of Oregon.

Affirmed January 22, 1964.


Attorney(s) appearing for the Case

Robert Clapperton, Portland, argued the cause and submitted a brief for appellant.

James F. Spiekerman, Portland, argued the cause for respondent. With him on the brief were Mautz, Souther, Spaulding, Kinsey & Williamson, Portland, and James B. O'Hanlon, Portland.

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


AFFIRMED.

O'CONNELL, J.

This is an action by plaintiff insured against defendant insurer to recover $1,157.25 under an insurance contract covering plaintiff's automobile for damage caused by collision or upset. Plaintiff appeals from a judgment for defendant. The case was heard by the court without a jury.

The damage occurred when a heavy wind caused a tree to fall upon plaintiff's parked car. The principal question on appeal is whether the occurrence...

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