# Jamerson v. Witt

> Oregon Supreme Court · December 17, 1958 · 215 Or. 227

URL: https://www.frixlaw.com/law-library/cases/9576132

## Case

- **Full name:** JAMERSON, Administratrix, v. WITT, Executrix, Et Al
- **Court:** Oregon Supreme Court
- **Decided:** December 17, 1958
- **Citations:** 215 Or. 227; 332 P.2d 1054; 1958 Ore. LEXIS 364
- **Precedential status:** Published
- **Opinion:** Concurrence by Lusk
- **Judges:** Perry, Rossman, Lusk, McAluister
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9576132

## Opinion text

LUSK, J.,
specially concurring.
I concur in the result. As the opinion of the court discloses, the whole case of the plaintiff depends upon speculation and conjecture. The record is devoid of evidence of negligence of anyone. In that situation, I think that we should not make a finding of contributory negligence based upon unproven hypotheses. It suffices that the plaintiff failed to prove the negligence alleged.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9576132. Public record. Not legal advice.