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JACOBS v. TIDEWATER BARGE LINES, INC.

562 P.2d 545 (1977)

277 Or. 809

Tex R. JACOBS, Appellant, v. TIDEWATER BARGE LINES, INC., Respondent.

Supreme Court of Oregon, In Banc.

Decided March 31, 1977.

Attorney(s) appearing for the Case

Charles Robinowitz, Portland, argued the cause for appellant. With him on the briefs was Newton R. Brown, Wilmington, Cal.

Paul N. Daigle and Ridgeway K. Foley, Jr., of Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland, argued the cause and filed a brief for respondent.

Before DENECKE, C.J., and HOLMAN, HOWELL, BRYSON, LENT, LINDE and BRADSHAW, JJ.

LENT, Justice.

Plaintiff, a longshoreman, brought a third party action against the owner of a vessel for damages for personal injuries allegedly resulting from negligence.1 Judgment was entered for plaintiff upon a jury verdict. Defendant's motion for judgment notwithstanding the verdict was allowed, and plaintiff appeals, assigning as sole error the allowance of the motion.

On that assignment of error, unless we can affirmatively...

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