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CUMMINGS v. SCHUNK

439 P.2d 13 (1968)

Richard Wesley CUMMINGS, Respondent, v. Frank SCHUNK, Appellant.

Supreme Court of Oregon, Department 2.

Decided March 27, 1968.

Attorney(s) appearing for the Case

Duane Vergeer, Portland, argued the cause for appellant. On the briefs were Vergeer, Samuels, Cavanaugh & Roehr, and Walter H. Sweek, Portland.

Gary M. Bullock, Portland, argued the cause for respondent. With him on the brief were Lent, York & Paulson, Portland.

Before PERRY, C.J., and SLOAN, GOODWIN, HOLMAN, and LUSK, JJ.

LUSK, Justice.

Plaintiff, as a pedestrian, was struck by an automobile driven by the defendant. In an action to recover damages for his injuries plaintiff was awarded a verdict and judgment. Defendant has appealed and assigns error to the court's denial of his motion for a directed verdict based on the ground that plaintiff was guilty of contributory negligence as matter of law.

The accident occurred at about six p.m. on November 11, 1965, when plaintiff was...

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