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POWELL v. MOORE

228 Or. 255 (1961)

364 P.2d 1094

POWELL v. MOORE

Supreme Court of Oregon.

Reargued July 5, 1961.

Reversed September 20, 1961.

Attorney(s) appearing for the Case

Philip A. Levin, Portland, argued the cause for appellant. On the briefs were Pozzi & Wilson, Portland.

Thomas H. Tongue, Portland, argued the cause for respondent. With him on the brief were Parker & Duffy and Fred B. Duffy, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN, O'CONNELL, GOODWIN and LUSK, Justices.

REVERSED.

O'CONNELL, J.

Plaintiff was injured as a result of falling from a loading ramp while assisting defendant's servant in loading defendant's moving van. There was a verdict for plaintiff. Defendant moved for a judgment n.o.v., or in the alternative for a new trial. The motion for a judgment n.o.v. was granted. Plaintiff appeals.

Plaintiff employed defendant to move plaintiff's household furnishings. In making arrangements for the service it...

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