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STUBBS v. PANCAKE CORNER OF SALEM, INC.

458 P.2d 676 (1969)

Paul R. STUBBS, Respondent, v. PANCAKE CORNER OF SALEM, INC., a Corporation, Appellant, and Gerry Jeanne King, Defendant.

Supreme Court of Oregon, Department 2.

Decided September 17, 1969.

Attorney(s) appearing for the Case

Allan G. Carson, Salem, argued the cause for appellant. On the briefs were Carson, Carson & Carson, Salem.

C.S. Emmons, Albany, argued the cause for respondent. With him on the brief were William M. Gehlen, Stayton, and Emmons, Kyle & Kropp, Albany.

Before SLOAN, P.J., and O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

O'CONNELL, Justice.

This is an action to recover damages for personal injuries sustained by plaintiff while he was a customer in defendant's restaurant. Defendant Pancake Corner of Salem, Inc., appeals from a judgment for plaintiff.

Plaintiff was sitting at the counter in defendant's restaurant with several other customers. One of the customers asked for a bottle of catsup. Defendant Gerry Jeanne King, the waitress on duty, reached underneath the counter and...

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