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AMERICAN VILLAGE v. SPRINGFIELD LBR. & BLDG. SUP.

522 P.2d 891 (1974)

AMERICAN VILLAGE Corporation, Doing Business As Decker-Fields Construction Company, Appellant, v. STRINGFIELD LUMBER AND BUILDING SUPPLY, and Keith Haynes, Respondents.

Supreme Court of Oregon, In Banc.

Decided May 31, 1974.

Attorney(s) appearing for the Case

William M. Horner, of McArthur & Horner, P.C., Monmouth, argued the cause and filed a brief for appellant.

Kaye C. Robinette, of Vonderheit, Hershner & Hunter, Eugene, argued the cause and filed a brief for respondents.

HOWELL, Justice.

Plaintiff filed this action to recover for damage to a forklift allegedly caused by the defendant Haynes, an employee of defendant Stringfield Lumber and Building Supply Company. The trial court allowed defendants' motion for a directed verdict. Plaintiff appeals.

Defendant Haynes delivered a load of plywood to plaintiff. When he arrived, none of plaintiff's employees was available to help him unload...

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