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BURNHAM v. ESHLEMAN

479 P.2d 501 (1971)

Jay Lawrence BURNHAM, Respondent, v. Howard ESHLEMAN, Appellant.

Supreme Court of Oregon.

Reargued September 10, 1970.

Decided January 20, 1971.

Attorney(s) appearing for the Case

George L. Hibbard, Oregon City, argued the cause for appellant. With him on the briefs were Rhoten, Rhoten & Speerstra, and Myron L. Enfield, Salem, and Hibbard, Jacobs, Caldwell & Canning, Oregon City.

W.T. Hollen, Newport, argued the cause and filed briefs for respondent.

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

MENGLER, Justice Pro Tem.

This is an appeal from a judgment entered upon a verdict for the plaintiff in an action for personal injuries from a collision of a motorcycle and an automobile.

The collision occurred about 2 a.m. on Fogarty Street, which runs north and south in the city of Newport. The street was surfaced with black top, between 18 to 20 feet in width, uncurbed, and not marked with a center stripe. The...

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