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SUMMERS v. MILWAUKIE UNION HIGH SCH DIST NO. 5

481 P.2d 369 (1971)

Catherine M. SUMMERS, by Her Guardian Ad Litem, Nancy E. Summers, Respondent, v. MILWAUKIE UNION HIGH SCHOOL DISTRICT NO. 5, Clackamas County, Oregon, Appellant.

Court of Appeals of Oregon, Department 2.

Decided February 25, 1971.

Attorney(s) appearing for the Case

John C. Anicker, Jr., Oregon City, argued the cause for appellant. On the brief were Jack, Goodwin & Anicker, Oregon City.

Charles A. Sams, Oregon City, argued the cause for respondent. With him on the brief were Misko, Njust & Bowerman, Oregon City.

Before SCHWAB, C.J., and FOLEY and THORNTON, JJ.

FOLEY, Judge.

Plaintiff was injured while performing an exercise in a physical education class conducted by defendant school district. She claims defendant was negligent in requiring her to perform the exercise. The jury verdict awarded plaintiff damages. Defendant appeals assigning as error the failure of the court to allow its motion for a directed verdict on the ground that there was insufficient evidence to support plaintiff's specification of negligence that...

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