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WALLS v. CLARK

449 P.2d 144 (1969)

Elbert F. WALLS, Respondent, v. Rodney CLARK and Shirley Clark, Husband and Wife, Defendants, and Frank Wells and Mary Wells, Husband and Wife, Appellants.

Supreme Court of Oregon, In Banc.

January 15, 1969.

Attorney(s) appearing for the Case

Robert W. Collins, Pendleton, argued the cause for appellants. On the brief were Fabre, Collins & Ehlers, Pendleton.

Lawrence B. Rew, Pendleton, argued the cause for respondent. On the brief were Corey, Byler & Rew, Pendleton.

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

Argued and Submitted at Pendleton October 30, 1968.

HOLMAN, Justice.

This is a companion case to Eleanor Walls v. Clark, Or., 449 P.2d 141, decided this day. The only difference in the cases is that this one was tried without a jury and the plaintiff was the operator of the vehicle in which plaintiff in the other case was riding. Plaintiff received a judgment against the defendants Wells but not against the Clarks who were...

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