Taylor v. Lawrence

This is an action to recover damages for personal injuries in which the jury returned a verdict for the defendant and the plaintiff has appealed.

Plaintiff’s fifth amended complaint, on which the case was tried, alleged the following:

“On or about September 9, 1957, plaintiff and defendant were among the guests at the home of Mr. and Mrs. Kenneth Smitley at Lebanon, Oregon. While the plaintiff and other guests were seated around a picnic table set up in the Smitley yard, and the plaintiff’s hand was resting upon such table, the defendant picked up a large, sharp bread knife and with knowledge…