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HAMILTON v. IBACH

556 P.2d 94 (1976)

276 Or. 729

Donald R. HAMILTON, Respondent, v. John IBACH, Appellant.

Supreme Court of Oregon, Department 2.

Decided November 18, 1976.

Attorney(s) appearing for the Case

John C. Anicker, Jr., Oregon City, argued the cause and filed a brief for appellant.

Charles Paulson, Portland, argued the cause and filed a brief for respondent.

Before DENECKE, C.J., and TONGUE, BRYSON and LENT, JJ.

LENT, Justice Pro Tem.

This is an action for damages for personal injuries allegedly caused on August 3, 1972, by negligence of the defendant's employee. Defendant appeals from judgment for plaintiff upon a jury verdict.

Prior to the jury trial on the merits there was a trial before the court upon defendant's supplemental answer filed pursuant to ORS 656.595 raising the "joint premises" defense available under then ORS 656.154:

"(1) If the injury...

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