JONES v. MITCHELL BROS. TRUCK LINES


514 P.2d 350 (1973)

Violet Jeanette JONES, by Her Guardian, Vernon Leo Jones, Appellant, Cross-Respondent, v. MITCHELL BROS. TRUCK LINES, an Oregon Corporation, et al., Respondents, Stephen Purdy, Respondent, Cross-Appellant.

Supreme Court of Oregon, In Banc.

Decided September 27, 1973.


Attorney(s) appearing for the Case

Douglas L. McCool and Paul D. Clayton of Luvaas, Cobb, Richards & Fraser, Eugene, for petitioner.

No appearance contra.


On Appellant's Petition for Rehearing Filed July 11, 1973.

Petition denied.

O'CONNELL, C.J., dissenting.

HOLMAN, J., did not participate in this decision.

O'CONNELL, Chief Justice (dissenting).

I would grant the petition for rehearing. There is a basis for finding that the trial court erred in granting an involuntary nonsuit in favor of defendant Espelund. There was substantial evidence from which a jury could have concluded that Espelund...

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