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HUTCHISON v. TOEWS

476 P.2d 811 (1970)

Fred HUTCHISON, a Minor, through His Guardian Ad Litem, Hilde D. Hutchison, Appellant, v. Nathan E. TOEWS, and School District No. 4, Jackson County, Oregon, Respondents.

Court of Appeals of Oregon, Department 2.

Decided November 16, 1970.

Attorney(s) appearing for the Case

E.R. Bashaw, Medford, argued the cause for appellant. With him on the briefs were Collins, Redden, Ferris & Velure, Medford.

R.A. Stark, Medford, argued the cause for respondent Toews. On the brief was Paul W. Haviland, Medford.

William V. Deatherage, Medford, argued the cause for respondent School District. With him on the brief were Frohnmayer & Deatherage, Medford.

Before SCHWAB, C.J., and LANGTRY and BRANCHFIELD, JJ.

LANGTRY, Judge.

Plaintiff appeals from a judgment of involuntary nonsuit, entered on motion of both defendants at the conclusion of the plaintiff's case.

Plaintiff and his friend, Phillip Brown, both 15 years old, attempted to shoot a homemade pipe cannon which exploded, injuring plaintiff's hands. They had made the explosive charge by mixing potassium chlorate and powdered sugar.

Brown, as plaintiff's witness...

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