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GERMAN v. KIENOW'S FOOD STORES

246 Or. 334 (1967)

425 P.2d 523

GERMAN, Appellant, v. KIENOW'S FOOD STORES, Respondent.

Supreme Court of Oregon.

Reversed and remanded March 22, 1967.

Attorney(s) appearing for the Case

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

James F. Spiekerman, Portland, argued the cause for respondent. With him on the brief were Gordon Moore and Mautz, Souther, Spaulding, Kinsey & Williamson, Portland.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, Justices.

REVERSED AND REMANDED.

GOODWIN, J.

Plaintiff appeals a judgment for the defendant in an action for damages sustained when her foot slipped on a grape and she fell to the floor of the produce department of a supermarket.

1. The trial court granted the defendant's motion for a judgment notwithstanding the verdict, even though the defendant had failed during the trial to move for a directed verdict. The error in so ruling is

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