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ROGERS, ADM'R, v. SO. PAC. CO.

190 Or. 643 (1951)

227 P.2d 979

ROGERS, ADM'R, v. SOUTHERN PACIFIC CO. ET AL. AND McKENZIE

Supreme Court of Oregon.

Affirmed February 21, 1951.

Attorney(s) appearing for the Case

Allan G. Carson, of Salem, argued the cause for respondent and cross-appellant. With him on the brief were Wallace P. Carson and Peery T. Buren, of Salem.

H.H. Phillips, of Portland, argued the cause for appellant. With him on the brief were Griffith, Peck, Phillips & Coughlin, of Portland.

Alfred H. Corbett, of Portland, argued the cause for respondents. With him on the brief were Koerner, Young, Swett & McColloch and James C. Dezendorf, of Portland.

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

AFFIRMED.

LUSK, J.

This case grows out of a collision at a railroad crossing between an automobile and a freight train of the Southern Pacific Company. The automobile was driven by the defendant Lloyd L. McKenzie. Riding with him as his guest was Betsey Lou Rogers. She was killed in the accident, and the administrator of her estate sued McKenzie, the railroad company, and Harvey E. Holzkamp, engine foreman of the train. The jury returned a verdict for the...

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