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JAMISON FERTILIZER CO. v. WHITE MOTOR CO.

246 Or. 610 (1967)

425 P.2d 191

JAMISON FERTILIZER COMPANY, Appellant, v. WHITE MOTOR COMPANY, Respondent.

Supreme Court of Oregon.

Reversed and remanded March 22, 1967.

Petition for rehearing denied April 25, 1967.

Attorney(s) appearing for the Case

James G. Breathouwer, Portland, argued the cause for appellant. On the brief were Reiter, Day, Anderson & Wall and George M. Joseph, Portland.

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

Before PERRY, Chief Justice, and O'CONNELL, GOODWIN and FORT, Justices.

REVERSED AND REMANDED.

O'CONNELL, J.

This is an action for damages to plaintiff's truck resulting from the alleged negligence of defendant, or on the basis of a breach of an implied warranty that repair work on the truck performed by defendant was done in a workmanlike manner. Plaintiff appeals from a judgment on a directed verdict in favor of defendant.

Plaintiff's truck was damaged when it was hit by a train at a railroad crossing. When the truck...

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