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BROOKS v. MACK

222 Or. 139 (1960)

352 P.2d 474

BROOKS v. MACK

Supreme Court of Oregon.

Reversed and remanded May 25, 1960.

Attorney(s) appearing for the Case

George L. Hibbard, Oregon City, argued the cause for the appellant. With him on the briefs were Beattie, Hibbard, Jacobs & Caldwell, Oregon City.

James O. Goodwin, Oregon City, argued the cause for the respondent. With him on the brief were Philip A. Levin, Portland, and Jack, Goodwin & Santos, Oregon City.

Before McALLISTER, Chief Justice, and SLOAN, O'CONNELL and DUNCAN, Justices.

REVERSED AND REMANDED.

SLOAN, J.

The jury awarded plaintiff a verdict for damages for injury plaintiff sustained when he fell, or was thrown, from a horse owned by defendant. Thereafter defendant filed a motion for judgment notwithstanding the verdict and, in the alternative, for a new trial. ORS 18.140 (1). The trial court allowed the motion for judgment n.o.v. and set aside the judgment entered on the jury verdict. The court did not decide the motion for...

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