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WHELCHEL v. STRANGWAYS

550 P.2d 1228 (1976)

Kenneth WHELCHEL, Respondent, v. Malcolm H. STRANGWAYS and Shirley A. Strangways, Appellants.

Supreme Court of Oregon, In Banc.

Decided June 17, 1976.

Attorney(s) appearing for the Case

James C. Goode of Goode, Goode, Decker, Hinson & Ryan, P.C., Albany, argued the cause and filed briefs for appellants.

Nina E. Johnson, Eugene, argued the cause for resepondent. With her on the brief was Roy Dwyer, P.C., Eugene.

McALLISTER, Justice.

The plaintiff, Kenneth Whelchel, brought this action to recover damages from the defendant Malcolm H. Strangways and Shirley A. Strangways, his wife, for personal injuries caused by the alleged negligence of the defendants.

The defendants were the owners and operators of the Wren Tavern in the community of Wren, about five miles west of Corvallis. In his amended complaint plaintiff charged the defendants with negligence:

"1. In...

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