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JOHNSON v. WHITE

439 P.2d 8 (1968)

Robert L. JOHNSON, a Minor, by Waldo E. Johnson, His Guardian Ad Litem, Appellant, v. Albert Lee WHITE, Respondent.

Supreme Court of Oregon, Department 1.

Decided March 27, 1968.

Attorney(s) appearing for the Case

James K. Gardner, Hillsboro, argued the cause and filed the brief for appellant.

Mervin W. Brink, Hillsboro, argued the cause for respondent. With him on the brief were Brink & Moore and Allen L. Fallgren, Hillsboro.

Before PERRY, C.J., and McALLISTER, O'CONNELL, DENECKE and LANGTRY, JJ.

LANGTRY, Justice Pro Tempore.

Plaintiff brought action against defendant for personal injury in one cause of action for $5,699.20, and property damage in another for $379.00. Each stemmed from the same alleged tort. The jury returned a verdict in the amount of the second cause of action only. In the cost bill, plaintiff sought $200 attorney's fees, pursuant to ORS 20.080, which provides:

"In any action for damages for an injury or wrong to the person or property...

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