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McVAIGH v. SANDBERG

513 P.2d 801 (1973)

Florence V. McVaigh, Appellant, v. Maynard SANDBERG and Mary Sandberg, Individually and As Partners Doing Business As Maynard's Pharmacy, Respondents and Cross-Appellants.

Supreme Court of Oregon, In Banc.

Decided September 10, 1973.

Attorney(s) appearing for the Case

Stephen A. Hutchinson, Eugene, argued the cause for appellant. With him on the briefs were Hutchinson, Harrell & Cox, Eugene.

Paul D. Clayton, Eugene, argued the cause for respondents and cross-appellants. With him on the brief were Luvaas, Cobb, Richards & Fraser, Eugene.

HOLMAN, Justice.

Plaintiff brought an action for personal injuries resulting from a fall in defendants' pharmacy. Pursuant to a jury trial, a verdict was entered for plaintiff, but the trial judge set it aside and entered a judgment n.o.v. for defendants on the ground there was no evidence of defendants' negligence. Plaintiff appeals. The principal issue is whether there was evidence sufficient to submit to the jury of any condition of the premises which created an...

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