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BAXTER v. BAKER

451 P.2d 456 (1969)

Peggy J. BAXTER, Formerly Peggy J. Riley, Respondent, v. Edwin M. BAKER and Patricia Baker, Appellants.

Supreme Court of Oregon, In Banc.

Reargued November 13, 1968.

Decided March 12, 1969.

Rehearing Denied May 21, 1969.

Attorney(s) appearing for the Case

Richard Bryson, Eugene, argued the cause for appellants. With him on the briefs were Calkins & Bryson, Eugene.

Dwight L. Schwab, Portland, argued the cause for respondent. With him on the briefs were Hutchinson, Schwab & Burdick, Frank H. Hilton, Jr., and William C. McCarthy, Portland.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

Argued before Department 2 and Submitted June 7, 1968.

GOODWIN, Justice.

The defendant in a personal-injury case appeals from a judgment for the plaintiff, assigning error to an instruction that authorized the jury to award the plaintiff "special damages" for "lost earnings," when the evidence showed that the plaintiff at the time of her injury was not employed for wages, but was a college student.

There is no substantial disagreement, either between...

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