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SCHMITZ v. YANT

242 Or. 308 (1965)

409 P.2d 346

SCHMITZ v. YANT ET UX

Supreme Court of Oregon.

Reversed and remanded with instructions December 31, 1965.

Attorney(s) appearing for the Case

Raymond J. Conboy, Portland, argued the cause for appellants. With him on the brief were Hollister & Thomas and William F. Thomas, Portland.

Paul Schultz, Oregon City, argued the cause for respondent. On the brief were Hibbard, Jacobs, Caldwell & Kincart and Phil H. Ringle, Jr., Oregon City.

Before McALLISTER, Chief Justice, and SLOAN, GOODWIN, HOLMAN and LUSK, Justices.

REVERSED AND REMANDED WITH INSTRUCTIONS.

HOLMAN, J.

Plaintiff brought an action against defendants for loss of consortium, claiming this loss occurred as the result of an injury to her husband caused by defendant's negligent operation of an automobile. A trial was had which resulted in a defendants' verdict. Plaintiff filed a motion for a new trial. The court granted a new trial on the court's own motion — not upon plaintiff's motion. However, the order...

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