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SKULTETY v. HUMPHREYS

247 Or. 450 (1967)

431 P.2d 278

SKULTETY, Respondent and Cross-Appellant, v. HUMPHREYS, Appellant.

Supreme Court of Oregon.

Reversed and remanded August 23, 1967.

Attorney(s) appearing for the Case

Frederic P. Roehr, Portland, argued the cause for appellant. With him on the brief were Vergeer, Samuels, Cavanaugh & Roehr, Portland.

Harold A. Fabre, Pendleton, argued the cause for respondent. With him on the brief were Fabre & Collins and Leeroy O. Ehlers, Pendleton.

Before PERRY, Chief Justice, and McALLISTER, SLOAN, O'CONNELL, DENECKE, REDDING and FORT, Justices.

REVERSED AND REMANDED.

McALLISTER, J.

This is a personal injury action arising from a three-car highway accident in Umatilla county. The jury found for plaintiff against defendant Humphreys and exonerated the defendant Dungan. Defendant Humphreys appeals from the judgment for plaintiff, and plaintiff cross-appeals against defendant Dungan, who made no appearance in this court.

The appellant's first assignment of error alleges that the court erred in...

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