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McKEE ELECTRIC CO. v. CARSON OIL CO.

No. A8108-04708; CA A29903; SC S31235.

723 P.2d 288 (1986)

301 Or. 339

McKEE ELECTRIC COMPANY, INC., West American Insurance Company, a corporation, John A. McKee and Elenore B. McKee, Respondents on Review, v. CARSON OIL COMPANY, a corporation, Petitioner on Review.

Supreme Court of Oregon.

Submitted on Requested Supplemental Briefs March 18, 1985.

Decided July 29, 1986.

Attorney(s) appearing for the Case

Timothy N. Brittle, Portland, argued the cause for petitioner on review. With him on the briefs was Acker, Underwood & Smith.

Richard L. Grant, Portland, argued the cause for respondents on review. With him on the briefs were James K. Buell and Buell, Black & Dupuy.

LENT, Justice.

The issue is whether on the pleading and evidence the plaintiff1 was entitled to an instruction on res ipsa loquitur. We hold that the plaintiff was entitled to the instruction.

This is an action to recover damages for physical harm to property and consequential damages incurred in repairing the property. The plaintiff contends that negligence of the defendant caused a fire that resulted in physical harm to the plaintiff...

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