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SMITH v. IND. HOSP. ASSN.

194 Or. 525 (1952)

242 P.2d 592

SMITH, ADMINISTRATRIX v. INDUSTRIAL HOSPITAL ASSOCIATION, A CORPORATION

Supreme Court of Oregon.

Affirmed April 9, 1952.

Attorney(s) appearing for the Case

Walter J. Cosgrave, of Portland, argued the cause for appellant. With him on the briefs were James G. Smith and Maguire, Shields, Morrison & Bailey, all of Portland.

Donald S. Richardson, of Portland, argued the cause for respondent. On the brief were Green, Richardson & Green.

Before HAY, Acting Chief Justice, and ROSSMAN, LATOURETTE and WARNER, Justices.

AFFIRMED.

WARNER, J.

Sometime after the institution of this appeal, the plaintiff, Eugene E. Smith, died and Ida B. Smith, his wife, as administratrix of plaintiff's estate, was substituted in his stead as the plaintiff-respondent. Our references hereinafter to the plaintiff will, however, be to the decedent, Eugene E. Smith.

The plaintiff brings this action to recover from the defendant-appellant, Industrial...

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