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BYRD v. LORD BROTHERS CONTRACTORS, INC.

473 P.2d 1018 (1970)

Arthur E. BYRD, Appellant, v. LORD BROTHERS CONTRACTORS, INC., a Corporation, Respondent.

Supreme Court of Oregon.

Decided September 11, 1970.

Attorney(s) appearing for the Case

James G. Breathouwer, Portland, argued the cause for appellant. With him on the briefs were George M. Joseph, and Seitz, Whipple, Bemis & Breathouwer, Portland.

Kenneth D. Renner, Portland, argued the cause for respondent. With him on the brief were Wayne A. Williamson, and Mautz, Souther, Spaulding, Kinsey & Williamson, Portland.

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

HOLMAN, Justice.

Plaintiff brought an action to recover damages for personal injuries occasioned when he was hit by a piece of concrete. Plaintiff appealed from a judgment entered on a jury verdict for defendant. The only issues relate to the admissibility of evidence.

At about ten o'clock in the evening, plaintiff was operating his motor vehicle on Lombard Street under the 33rd Street overpass in the city of Portland, when a piece of concrete came through...

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