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MEZYK v. NATIONAL REPOSSESSIONS

241 Or. 333 (1965)

405 P.2d 840

MEZYK v. NATIONAL REPOSSESSIONS, INC.

Supreme Court of Oregon.

Reargued April 5, 1965.

Reversed and remanded September 22, 1965.

Attorney(s) appearing for the Case

Bernard Jolles, Portland, argued the cause for appellants. With him on the brief were Franklin, Olsen, Bennett & Des Brisay, Portland.

David C. Landis, Portland, argued the cause for respondent. With him on the brief were Maguire, Shields, Morrison, Bailey & Kester and Howard K. Beebe, Portland.

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

REVERSED AND REMANDED.

DENECKE, J.

Recovery for personal injuries is sought against defendant because it left the keys in the ignition of its car, the car was stolen and the thief recklessly drove into plaintiff.1 Defendant's demurrer was sustained. Plaintiff alleged:

"On or about March 5, 1963, the defendant acting through its agents and employees negligently parked a certain...

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