BRIGGS v. BRAMLEY

Civ. No. 229-59.

177 F.Supp. 599 (1959)

Gregory BRIGGS, a minor, by Andrew Briggs, his Guardian ad litem, Plaintiff, v. Ellis BRAMLEY, Alda Bramley, aka Mrs. Ellis Bramley, and Consolidated Freightways, Inc., a Washington corporation, Defendants.

United States District Court D. Oregon.

September 17, 1959.


Attorney(s) appearing for the Case

Donald H. Joyce, Portland, Or., for plaintiff.

Vergeer & Samuels, Portland, Or., for defendant.


SOLOMON, Chief Judge.

Ellis and Alda Bramley, the individual defendants, seek a summary judgment on the ground that a judgment entered by the state court in a prior action between the same parties and arising out of the same accident is a complete bar to the present action.

The complaint in the first action was based upon the doctrine of res ipsa loquitur and contained no specific allegations of negligence. Immediately prior to the trial, the Bramleys made...

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