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BRADFORD v. MALLOY

482 P.2d 528 (1971)

Lucius BRADFORD, Respondent, v. Michael MALLOY, W.R. Rogers and Donald C. Rogers, Doing Business As Rogers Construction Co., Appellants, Forrest Cooper and Glenn Starkey, Defendants.

Supreme Court of Oregon.

Decided March 17, 1971.

Attorney(s) appearing for the Case

Thomas S. Moore, Portland, argued the cause for appellant Michael Malloy. On the briefs were Morrison & Bailey, Portland.

Graham Walker, Portland, argued the cause for appellants W.R. Rogers and Donald C. Rogers, dba Rogers Construction Co. With him on the briefs was John M. Coke, Portland.

Charles Paulson, Portland, argued the cause for respondent. With him on the brief were Gerald R. Pullen and Homer Allen, Portland.

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

McALLISTER, Justice.

This is a personal injury action in which the jury found for plaintiff and both defendants appeal.

The defendants Rogers were constructing a 14-mile segment of Interstate 80N between Cascade Locks and Mitchell Point, which would complete the interstate highway. The new construction which was to become the westbound segment of the freeway was parallel to and north of the old highway which was to become the eastbound segment of the freeway...

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