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JAMES v. CARNATION CO.

562 P.2d 1192 (1977)

278 Or. 65

Martha R. JAMES, Respondent, v. CARNATION COMPANY AND DANIE P. STEVENS, Appellants.

Supreme Court of Oregon, In Banc.

Decided April 19, 1977.

Attorney(s) appearing for the Case

Edwin J. Peterson, Portland, argued the cause for appellants. With him on the briefs were Charles R. Holloway, III and Tooze, Kerr, Peterson, Marshall & Shenker, Portland.

John R. Faust, Jr., Portland, argued the cause for respondent. With him on the brief were Hardy, Buttler, McEwen, Weiss & Newman, and Jerome E. LaBarre, P.C., Portland.

Before DENECKE, C.J., and McALLISTER, O'CONNELL, HOLMAN, HOWELL, BRYSON and BOHANNON, JJ.

BRYSON, Justice.

Plaintiff Martha R. James brought this action against the Carnation Company and its driver employee to recover damages for personal injuries suffered in a motor vehicle accident on US Highway 26. The jury returned a verdict finding defendants 63 percent negligent and plaintiff 37 percent negligent. Judgment was entered in plaintiff's favor. Defendants appeal.

Included among defendants' numerous assignments of error is the denial of their motion...

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