JOHNSON v. SALEM TITLE CO.


246 Or. 409 (1967)

425 P.2d 519

JOHNSON, Respondent, v. SALEM TITLE COMPANY ET AL, Defendants, and PAYNE, Appellant.

Supreme Court of Oregon.

Affirmed March 29, 1967.


Attorney(s) appearing for the Case

Asa L. Lewelling, Salem, and Kenneth E. Roberts, Portland, argued the cause for appellant. With them on the briefs were Ridgway K. Foley, Jr., and Mautz, Souther, Spaulding, Kinsey & Williamson, Portland.

Douglas L. Hay, Salem, argued the cause for respondent. With him on the brief was William J. Juza, Salem.

Before PERRY, Presiding Justice, and SLOAN, GOODWIN, DENECKE, HOLMAN, LUSK and REDDING, Justices.


AFFIRMED.

GOODWIN, J.

Plaintiff, a pedestrian on a public sidewalk, was injured when a high wind caused a masonry wall to fall on him. He sued the architect, the landowner, the general building contractor, and the masonry contractor. The jury exonerated all the defendants except the architect, and returned a verdict against him. He appeals.

The assignments of error present three principal issues. The first is whether the plaintiff proved negligence...

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