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LUNDQUIST v. WEST

248 Or. 494 (1968)

430 P.2d 1013

435 P.2d 309

LUNDQUIST, Respondent, v. WEST, Appellant.

Supreme Court of Oregon.

Argued on rehearing December 4, 1967.

Reversed and remanded August 23, 1967.

Petition for rehearing allowed November 7, 1967.

Former opinion withdrawn; affirmed December 20, 1967.

Petition for rehearing denied January 16, 1968.

Attorney(s) appearing for the Case

Richard C. Bemis, Portland, argued the cause for appellant. With him on the briefs were Seitz, Whipple & Bemis, Portland.

James K. Buell, Portland, argued the cause for respondent. With him on the brief were Phillips, Coughlin, Buell & Phillips and David N. Hobson, Portland.

Richard C. Bemis, Portland, argued the cause for appellant. With him on the briefs were Seitz, Whipple, Bemis & Breathouwer, Portland.

James K. Buell, Portland, argued the cause for respondent. With him on the briefs were David N. Hobson and Phillips, Coughlin, Buell & Phillips, Portland.

Before PERRY, Chief Justice, and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, Justices.

REVERSED AND REMANDED.

GOODWIN, J.

Plaintiff recovered a judgment for damages suffered in an intersection collision, and the defendant appeals. The same litigation has been in this court before. Lundquist v. Irvine, 243 Or. 274, 413 P.2d 416 (1966).

The defendant's principal assignment of error attacks an instruction that the defendant was guilty of negligence as a matter of law...

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