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SO. PACIFIC CO. v. CAMPBELL McLEAN, INC.

232 Or. 467 (1962)

376 P.2d 77

SOUTHERN PACIFIC COMPANY v. CAMPBELL McLEAN, INC.

Supreme Court of Oregon.

Affirmed November 14, 1962.

Attorney(s) appearing for the Case

James H. Clarke, Portland, argued the cause for appellant. With him on the briefs were Koerner, Young, McColloch & Dezendorf and Wayne Hilliard.

John C. Beatty, Jr., Portland, argued the cause for respondent. On the brief were Dusenbery, Martin, Beatty & Parks and David P. Templeton, Portland, and Calkins & Bryson, Eugene.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, GOODWIN and DENECKE, Justices.

AFFIRMED.

DENECKE, J. (Pro tempore)

This is an action by the Southern Pacific Company (S.P.) against the operator of a plywood mill to recover damages to railroad equipment caused by fire. The S.P. alleged that the fire in the mill was started by the defendant's negligence and allowed to spread through defendant's negligence. A judgment of involuntary nonsuit was entered against the plaintiff. The sustaining of the motion for nonsuit was the only assignment...

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