BIRMINGHAM FIRE INSURANCE CO. v. ANNEN


443 P.2d 227 (1968)

BIRMINGHAM FIRE INSURANCE CO., a Pennsylvania Corporation, Appellant, v. Victor J. ANNEN and Joseph H. Annen, Individually and As Co-Partners, Doing Business As Annen Bros. (Brothers), Respondents.

Supreme Court of Oregon, Department 1.

Decided July 17, 1968.


Attorney(s) appearing for the Case

Douglas G. Houser, Portland, argued the cause for appellant. With him on the briefs were Pendergrass, Spackman, Bullivant & Wright, Portland.

Walter J. Cosgrave, Portland, argued the cause for respondents. With him on the brief were Austin W. Crowe, Jr., James H. Gidley, and Maguire, Kester & Cosgrave, Portland, and James D. Fournier, Mount Angel.

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


PER CURIAM.

This is an action brought by plaintiff insurance company as subrogee of the insured to recover the amount paid by plaintiff to the insured for a fire loss to a building which occurred while defendants were in possession of the premises under a lease from the insured. The trial court granted defendants' motion for a judgment of involuntary nonsuit and plaintiff appeals.

We are of the opinion that the jury could not have reasonably concluded from...

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