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ROBERTS v. MITCHELL BROS. TRUCK LINES

No. A7704 05325; CA 10789; SC 26658.

611 P.2d 297 (1980)

289 Or. 119

Rex ROBERTS, Petitioner, v. MITCHELL BROS. TRUCK LINES, an Oregon Corporation, Respondent.

Supreme Court of Oregon.

Decided May 20, 1980.

Attorney(s) appearing for the Case

Alfred A. Hampson, Portland, argued the cause for petitioner. With him on the briefs were Douglas B. Gordon and Hampson & Bayless, Portland.

Edward H. Warren, Portland, argued the cause for respondent. With him on the briefs was Acker, Underwood, Beers, Smith & Warren, Portland.

Before DENECKE, C.J., and TONGUE, HOWELL, LENT, PETERSON and TANZER, JJ.

TONGUE, Justice.

This case is an action at law for damages for breach of a bailment contract by failure of defendant-bailee to return a portion of the bailed property to plaintiff-bailor. The jury returned a verdict for plaintiff in the amount of $65,000. Defendant appealed to the Court of Appeals by two assignments of error which related solely to the failure of the trial court to instruct the jury that a finding of negligence on the part of defendant was a necessary...

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