AMERICAN HARDWARE MUT. I. v. GRIFFITH RUBBER MILLS


448 P.2d 515 (1968)

AMERICAN HARDWARE MUTUAL INSURANCE COMPANY, a Corporation, Appellant, v. GRIFFITH RUBBER MILLS, a Corporation, Respondent.

Supreme Court of Oregon, Department 2.

Decided December 31, 1968.


Attorney(s) appearing for the Case

Austin W. Crowe, Jr., Portland, argued cause for appellant. With him on the briefs were Walter J. Cosgrave and Maguire, Kester & Cosgrave, Portland.

George L. Hibbard, Oregon City, argued cause for respondent. With him on the brief were Hibbard, Jacobs, Caldwell & Canning, Oregon City.

Before SLOAN, P.J., and O'CONNELL, GOODWIN, DENECKE, and HOLMAN, JJ.


GOODWIN, Justice.

Plaintiff, an insurer who paid a property damage claim against its insured, brought an action against the seller of the goods which allegedly caused the damage. Plaintiff appeals from a judgment in favor of the defendant.

For the purposes of this case the subrogation will be disregarded. The legal questions will be considered as if the user of the allegedly defective product had prosecuted this action directly against its seller.

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