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WEBER, ADM'R v. TE SELLE, ADM'R.

191 Or. 85 (1951)

228 P.2d 796

WEBER, ADM'R v. Te SELLE, ADM'R

Supreme Court of Oregon.

Reversed with instructions March 7, 1951.

Attorney(s) appearing for the Case

George A. Rhoten, of Salem, argued the cause for appellant. With him on the brief were Herbert W. Carter and Rhoten & Rhoten, both of Salem.

Asa L. Lewelling, of Salem, argued the cause and filed a brief for respondent.

Before BRAND, Chief Justice, and HAY, LUSK, LATOURETTE and WARNER, Justices.

REVERSED, WITH INSTRUCTIONS.

LATOURETTE, J.

This is an action for damages for the wrongful death of Bernice Betty Weber, a guest, arising out of an automobile accident. The complaint is predicated on gross negligence and reckless disregard of the rights of others on the part of defendant's decedent, Thomas Drake, the driver of the automobile in which Mrs. Weber was riding, in that defendant's decedent "drove and operated his automobile at a speed which was...

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