TOKSTAD v. LUND


466 P.2d 938 (1970)

Nestor TOKSTAD, Jr., Appellant, v. Vernon LUND and Dean A. McKean and Clara McKean, Doing Business under the Assumed Name of Lebanon Electric, Respondents.

Supreme Court of Oregon.

Reargued December 11, 1969.

Decided March 18, 1970.


Attorney(s) appearing for the Case

Sam F. Speerstra, Salem, argued the cause for appellant. On the brief were Rhoten, Rhoten & Speerstra, Salem.

Otto R. Skopil, Jr., Salem, argued the cause for respondent Lund. On the brief were Williams, Skopil, Miller & Beck, Salem.

Robert B. McConville, Salem, argued the cause and filed a brief for respondents McKean.

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


DENECKE, Justice.

The plaintiff was injured when a Jeep which he was operating was struck by a vehicle operated by the defendant Lund. The McKeans were joined as defendants upon the ground that they were Lund's employers. The court directed a verdict for the McKeans and the jury returned a verdict for Lund. Plaintiff appeals.

The plaintiff contends that the trial court erred in not instructing the jury that the defendant Lund was negligent as a matter of law...

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