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HALL v. CORNING

247 Or. 33 (1967)

427 P.2d 105

HALL ET AL, Appellants, v. CORNING ET AL, Respondents.

Supreme Court of Oregon.

Reversed in part; affirmed in part April 26, 1967.

Attorney(s) appearing for the Case

William B. Wyllie, Salem, argued the cause for appellants. With him on the briefs were Rhoten, Rhoten & Speerstra, Salem.

Eugene K. Richardson, Newport, argued the cause and filed a brief for respondents.

Before McALLISTER, Presiding Justice, and DENECKE and REDDING, Justices.

REVERSED IN PART; AFFIRMED IN PART.

DENECKE, J.

The plaintiff landowners received a jury verdict in their action for trespass. The trial court granted defendants' motion for a new trial. Plaintiffs appeal. The issue is whether the defendants are vicariously liable for the acts of a bulldozer operator.

1, 2. The motion for a new trial was based upon the ground that there was insufficient evidence to send the...

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