JOHNSON v. SHOEMAKER


444 P.2d 943 (1968)

John W. JOHNSON, Respondent, v. William H. SHOEMAKER and Donald W. Cook, Individually and Dba Auto-Truck Wholesale, a Partnership, Appellants.

Supreme Court of Oregon, Department 1.

Decided September 5, 1968.


Attorney(s) appearing for the Case

Darst B. Atherly, Eugene, argued the cause for appellants. With him on the briefs were Thwing, Atherly & Butler and Jeffrey Lake, Eugene.

William F. Frye, Eugene, argued the cause for respondent. With him on the brief were Husband, Johnson & Frye and Helen J. Frye, Eugene.

Before McALLISTER, P.J., and O'CONNELL and DENECKE, JJ.


O'CONNELL, Justice.

This is an action to recover damages for personal injuries. Defendant appeals from a judgment for plaintiff.

The only issue on appeal is whether there was sufficient evidence to warrant an instruction to the jury that it could consider as an element of damages an amount which would "reasonably compensate plaintiff for any impairment of earning capacity resulting from the injury which it is reasonably probable the plaintiff will suffer in...

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