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MATHISON v. MASSART CO.

No. 25684; CA A20479.

638 P.2d 484 (1982)

55 Or.App. 435

Walter MATHISON and Evelyn Mathison, Husband and Wife, Appellants, v. THE MASSART COMPANY, a Washington Corporation, Respondent.

Court of Appeals of Oregon.

Decided January 6, 1982.

Attorney(s) appearing for the Case

Gale K. Powell, Bend, argued the cause and filed the briefs for appellants.

Gerald A. Martin, Bend, argued the cause for respondent. With him on the brief was Van Vactor, Francis & Martin, Bend.

Before RICHARDSON, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.

JOSEPH, Chief Judge.

Plaintiffs appeal from a directed verdict for defendant. The issue is whether plaintiffs, having pleaded only defendant's negligence in setting off explosives and having failed to offer any proof of negligence at trial, could recover on a theory of strict liability.

Plaintiffs' complaint read:

"I "That during all times herein mentioned plaintiffs were and now are the contract purchasers and in possession of real property...

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