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PAYNE v. McDONALD

528 P.2d 552 (1974)

Stanley PAYNE, Jr., by and through His Guardian Ad Litem, Stanley Payne, Sr., Appellant, v. Vera J. McDonald, Respondent.

Supreme Court of Oregon, In Banc.

Decided November 29, 1974.

Attorney(s) appearing for the Case

George R. Waldum, Portland, argued the cause and filed a brief for appellant.

James H. Clarke, Portland, argued the cause for respondent. With him on the brief were Dezendorf, Spears, Lubersky & Campbell and Richard S. Borst, Portland.

Before O'CONNELL, C.J., and McALLISTER, HOLMAN, TONGUE, HOWELL, SLOPER and LEAVY, JJ.

SLOPER, Justice (Pro Tempore).

This is a personal injury action, based upon negligence, brought by a sixteen-year-old boy, by and through his father as guardian ad litem, for injuries sustained as a result of collision with a motor vehicle being operated by defendant. The jury made a special finding that defendant was not negligent and returned a verdict for defendant. Plaintiff appeals.

The accident occurred at about dusk on November 21, 1972, on the west...

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