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CONNER v. MERTZ

548 P.2d 975 (1976)

Ira CONNER, Appellant, v. Robert A. MERTZ and Gladys L. Campau, Respondents.

Supreme Court of Oregon, In Banc.

Decided April 15, 1976.

Attorney(s) appearing for the Case

William B. Wyllie, Salem, argued the cause and filed a brief for appellant.

William E. Flinn of Flinn, Lake & Brown, Eugene, argued the cause and filed a brief for respondent Campau.

McALLISTER, Justice.

On August 1, 1972, on a county road near Scio, defendant Gladys L. Campau was driving her automobile in the direction of certain fields owned by defendant Robert A. Mertz, which he was burning at the time. The wind shifted and the smoke began to blow across the roadway. Campau drove into the smoke cloud and then stopped her vehicle upon the main traveled portion of the road. She did not pull off onto...

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