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FITZWATER v. SUNSET EMPIRE, INC.

502 P.2d 214 (1972)

David Hugh FITZWATER, Appellant, v. SUNSET EMPIRE, INC., an Oregon Corporation, Respondent.

Supreme Court of Oregon.

Decided October 27, 1972.

Attorney(s) appearing for the Case

Jeanyse R. Snow, Astoria, argued the cause for appellant. With her on the briefs were Harold A. Snow, and MacDonald, Dean, McCallister & Snow, Astoria.

Andrew W. Fink, Portland, argued the cause for respondent. With him on the brief were Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

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

HOWELL, Justice.

This is an action for personal injuries suffered by plaintiff when he slipped and fell on ice on the sidewalk in front of defendant's restaurant in the city of Astoria.

Plaintiff filed an original and three amended complaints. The defendant demurred to the first amended complaint for failure to state a cause of action. The demurrer was allowed. The plaintiff filed a second amended complaint, and the defendant moved to strike it on the ground...

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