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· 11/12/1970

Quirk v. Ross

Citations

  • 476 P.2d 559
  • 257 Or. 80
  • 1970 Ore. LEXIS 249

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that a motion to amend should be allowed “unless the other party will be prejudiced in some respect”
  • declining to decide evidentiary issue when consequences of potential error would not have justified reversal
  • motion to amend pleading during trial should ordinarily be allowed unless other party is prejudiced
  • auto brakes cannot be presumed to be in original condition after 39,500 miles
  • motion to amend pleading should ordinarily be allowed unless other party is prejudiced
  • “After two owners, innumerable servicing, and 39,000 miles of use free from brake 'difficulties except for last few miles, no inference can be drawn that a defect existed in the brakes at the time of the vehicle’s manufacture or that any such defect was the cause of the accident.”

Source: CourtListener parenthetical corpus (CC0).

Judges: O'Connell, McAllister, Sloan, Denecke, Holman, Tongue, Howell

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.