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KINNEY v. S.I.A.C.

245 Or. 543 (1967)

423 P.2d 186

KINNEY v. STATE INDUSTRIAL ACCIDENT COMMISSION

Supreme Court of Oregon.

Affirmed February 1, 1967.

Attorney(s) appearing for the Case

Harold W. Adams, Assistant Attorney General, Salem, argued the cause for appellant. With him on the briefs were Robert Y. Thornton, Attorney General, and Wallace Carpenter, Assistant Attorney General, Salem.

Bernard Jolles, Portland, argued the cause for respondent. With him on the brief were Franklin, Olsen, Bennett & DesBrisay, Portland.

Before McALLISTER, Chief Justice, and SLOAN, GOODWIN, HOLMAN and LUSK, Justices.

AFFIRMED.

LUSK, J.

This is an appeal by the defendant State Industrial Accident Commission (now the Workmen's Compensation Board: ORS 656.002 (3)) from a judgment of the circuit court on an appeal from the order of the Commission denying plaintiff's claim for compensation. In a jury trial, after the plaintiff had rested and the defendant, without introducing any evidence, also rested, both sides moved for a directed verdict. The jury was thereupon discharged...

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