FRANCIS v. BURNS


458 P.2d 934 (1969)

Leslie R. FRANCIS, Respondent, v. Ike BURNS, Doing Business As Burns Feed Store, and Roger Campbell, Appellants.

Supreme Court of Oregon, Department 1.

Decided September 24, 1969.

Rehearing Denied November 12, 1969.


Attorney(s) appearing for the Case

Daryll E. Klein, Portland, argued the cause for appellants. With him on the briefs were McMenamin, Blyth, Jones & Joseph, Portland.

Donald C. Walker, Portland, argued the cause and filed a brief for respondent.

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


McALLISTER, Justice.

This is a damage action for personal injuries sustained by plaintiff when his pickup collided with a station wagon owned by the defendant Burns and operated by the defendant Roger Campbell. The jury returned a verdict for plaintiff and defendants appeal. We will refer to Campbell as if he were the only defendant.

The question in this court is whether defendant's motion for a directed verdict should have been allowed, i.e., whether there...

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