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SMITH v. HERBERT MALARKEY ROOFING CO.

No. 74-2736.

538 F.2d 271 (1976)

David W. SMITH, Appellant, v. HERBERT MALARKEY ROOFING COMPANY, an Oregon Corporation, Appellee.

United States Court of Appeals, Ninth Circuit.

July 2, 1976.

Attorney(s) appearing for the Case

Peter A. Schwabe, Jr. (argued), of Marshall & Schwabe, Portland, Or., for appellant.

J. Terrence Bittner (argued), of McMenamin, Jones, Joseph & Lang, Portland, Or., for appellee.

Before MOORE, KILKENNY and SNEED, Circuit Judges.

OPINION

MOORE, Circuit Judge:

In the early pre-dawn morning (approximately 4:00 a. m.) of June 18, 1972, the windshield of the automobile which appellant David W. Smith was driving along North Columbia Boulevard in Portland, suddenly shattered causing a splinter of glass to enter Smith's right eye, which resulted in permanent impairment of sight in that eye. Investigation proved that the cause of this unfortunate mishap was that Smith's car had struck an...

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