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ZELLER v. DAHL

499 P.2d 1316 (1972)

Patricia A. ZELLER, Appellant, v. James DAHL, a Minor, by and through Edmund W. Dahl, His Guardian Ad Litem, Respondent.

Supreme Court of Oregon, In Banc.

Decided August 3, 1972.

Attorney(s) appearing for the Case

Raymond J. Conboy, Portland, argued the cause for appellant. With him on the brief were Pozzi, Wilson & Atchison and Garry L. Kahn, Portland.

George M. Joseph, Portland, argued the cause for respondent. With him on the brief were Bemis, Breathouwer & Joseph, Portland, and Rodney W. Miller, Salem, and Williams, Skopil, Miller & Beck, Salem.

TONGUE, Justice.

Plaintiff appeals from a verdict and judgment for defendant in a personal injury case arising from a head-on automobile accident. The principal assignment of error is that the trial court erred in sustaining defendant's objection to testimony of an ambulance driver relating to an allegedly "excited utterance" by plaintiff.1 We affirm.

Plaintiff made an offer of proof of testimony by the ambulance driver that after...

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