WATERWAY TERMINALS v. P.S. LORD MECHANICAL CONTRACTORS


242 Or. 1 (1965)

406 P.2d 556

WATERWAY TERMINALS COMPANY v. P.S. LORD MECHANICAL CONTRACTORS ET AL

Supreme Court of Oregon.

Reversed and remanded October 13, 1965.

Petition for rehearing denied November 23, 1965.


Attorney(s) appearing for the Case

R.R. Bullivant, Portland, argued the cause for appellant. With him on the briefs were Pendergrass, Spackman, Bullivant & Wright, Darrel L. Johnson, and Douglas G. Houser.

Howard K. Beebe, Portland, argued the cause for respondent P.S. Lord Mechanical Contractors; James Arthur Powers, Portland, argued the cause for respondent Mechanical Handling Systems, Inc.; James H. Bruce and Bruce Spaulding, Portland, argued the cause for respondent Colby Steel & Manufacturing, Inc. On the respondents' briefs were the following attorneys, all of Portland: Maguire, Shields, Morrison, Bailey & Kester, William H. Morrison, Howard K. Beebe and David C. Landis, Koerner, Young, McColloch & Dezendorf and John Gordon Gearin for P.S. Lord Mechanical Contractors; Tooze, Powers, Kerr, Tooze & Morrell, James Arthur Powers and Edwin J. Peterson (who also filed a separate brief) for Mechanical Handling Systems, Inc.; Mautz, Souther, Spaulding, Kinsey & Williamson, Bruce Spaulding and James H. Bruce for Colby Steel & Manufacturing, Inc.

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


REVERSED AND REMANDED.

LUSK, J.

1. This is an action to recover damages to plaintiff's property caused by a fire alleged to have commenced and spread as the result of the negligence of the defendants. A jury trial resulted in a verdict and judgment for the defendants and plaintiff appeals. There are attempted cross appeals by the defendants from a judgment dismissing pleas in abatement filed by them. Such a judgment, being interlocutory, is not appealable...

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