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ASKEW v. HOWARD-COOPER CORPORATION

502 P.2d 210 (1972)

Claud O. ASKEW, Appellant, v. HOWARD-COOPER CORPORATION et al., Respondents.

Supreme Court of Oregon.

Decided October 19, 1972.

Attorney(s) appearing for the Case

Wendell E. Gronso, Burns, argued the cause for appellant. With him on the brief were Claud A. Ingram, John Day, and Cramer, Gronso & Pinkerton, Burns.

Ridgway K. Foley, Jr., Portland, argued the cause for respondents. With him on the brief were Souther, Spaulding, Kinsey, Williamson & Schwabe, and Roland F. Banks, Jr., Portland.

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

HOLMAN, Justice.

Plaintiff was injured while greasing a log lifting and handling machine manufactured by the defendant F.W.D. Wagner, Inc., and sold by the defendant Howard-Cooper Corporation. The complaint alleged both strict liability and negligent design in separate counts. The trial court granted a nonsuit and plaintiff appeals. The issue is whether there was sufficient evidence to take the case to the jury on either count.

The machine, called a lumberjack...

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