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DORMAIER v. JESSE

237 Or. 578 (1964)

391 P.2d 645

DORMAIER v. JESSE ET AL

Supreme Court of Oregon.

Reargued March 31, 1964.

Affirmed April 22, 1964.

Petition for rehearing denied May 26, 1964.

Attorney(s) appearing for the Case

Duane Vergeer, Portland, argued the cause for appellants. With him on the brief were Vergeer & Samuels and Frederic P. Roehr, Portland.

Walter H. Evans, Jr., Portland, argued the cause for respondent. On the brief were William M. Goodwin, Tacoma, Washington, Evans & Kennedy and Jack L. Kennedy, Portland.

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

AFFIRMED.

SLOAN, J.

The accident which resulted in this action occurred in a dust cloud across the highway near Connell, Washington. The car in which plaintiff was riding was struck from the rear by defendant's car when both vehicles were being driven through the dust. Plaintiff brought this action to recover for his alleged injuries. The case is here following a new trial ordered in Dormaier v. Jesse et al, 1962, 230 Or. 194

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