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BLAKE v. ROY WEBSTER ORCHARDS

437 P.2d 757 (1968)

Ricky BLAKE, a Minor, by and through His Guardian Ad Litem, Jack Blake, Respondent, v. ROY WEBSTER ORCHARDS, a Corporation, Appellant, Servis Equipment Company, a Corporation, Appellant, John A. Weber and Theo K. Weber, Dba Weber Bros., Defendant.

Supreme Court of Oregon, In Banc.

Decided February 14, 1968.

Attorney(s) appearing for the Case

Edwin J. Peterson, Portland, argued the cause for appellant Roy Webster Orchards. With him on the briefs were Stanley E. Sharp and Tooze, Powers, Kerr, Tooze & Peterson, Portland.

Gerald R. Pullen, Portland, argued the cause for appellant Servis Equipment Company. With him on the brief were Hershiser, Mitchell & Smith, Portland.

Raymond J. Conboy, Portland, argued the cause for respondent. On the brief were Pozzi, Levin & Wilson, Philip A. Levin, Garry Kahn and Tyler Marshall, Portland.

Before PERRY, C.J., and O'CONNELL, GOODWIN, DENECKE, HOLMAN and WOODRICH, JJ.

Argued and Submitted at Pendleton October 30, 1967.

DENECKE, Justice.

This is a products liability case. The minor plaintiff was allegedly injured when a brush cutter threw a rock which hit plaintiff. The machine was manufactured by the defendant Servis Equipment Company and used by the defendant Roy Webster Orchards at the time of the injury. It was rented to Webster by the defendant Weber Bros. The jury returned a verdict against the defendants Servis and...

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