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CARLSON v. MAY DEPARTMENT STORES COMPANY

527 P.2d 252 (1974)

Ralph E. CARLSON, Respondent, v. The MAY DEPARTMENT STORES COMPANY, Doing Business As Meier & Frank Co., Appellant.

Supreme Court of Oregon.

Decided October 24, 1974.

Attorney(s) appearing for the Case

Richard A. Roseta, Eugene, argued the cause for appellant. On the briefs were William G. Wheatley and John E. Jaqua, Eugene.

Darst B. Atherly, Eugene, argued the cause and filed a brief for respondent.

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

SLOPER, Justice Pro Tem.

This is an action for personal injuries brought by plaintiff for an injury to his right foot allegedly occurring while trying on a pair of shoes in defendant's store. Trial was had before the court upon a waiver of a jury and defendant appeals from a judgment in favor of plaintiff.

Defendant's sole assignment of error is that plaintiff's proof and the court's findings are legally insufficient to support the judgment. Under our previous...

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