LOOFBURROW v. FLYNN


496 P.2d 220 (1972)

Phil K. LOOFBURROW, by His Guardian Ad Litem, A. Kent Loofburrow, Appellant, v. James Dunn FLYNN, Respondent.

Supreme Court of Oregon, In Banc.

Decided April 26, 1972.


Attorney(s) appearing for the Case

Nathan J. Heath, Portland, argued the cause for appellant. With him on the brief were Fredrickson, Heath, Weisensee, Barton & Cox, Portland.

Frederick T. Smith, Portland, argued the cause for respondent. With him on the brief were Dusenbery, Martin, Beatty, Bischoff & Templeton, Portland.


HOLMAN, Justice.

This is an action brought by a minor child, through his guardian ad litem, for personal injuries received when a bicycle he was riding was struck by an automobile operated by defendant. Plaintiff appealed from a judgment for defendant entered pursuant to an order of involuntary nonsuit granted at the completion of plaintiff's case. The only issue on appeal is whether there was sufficient evidence of defendant's negligence to submit to a jury.

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