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SPENCER v. SOUTHERN PACIFIC CO.

199 Or. 246 (1953)

260 P.2d 956

SPENCER v. SOUTHERN PACIFIC COMPANY

Supreme Court of Oregon.

Reversed September 10, 1953.

Attorney(s) appearing for the Case

Oglesby H. Young, of Portland, argued the cause for appellant. With him on the briefs were Koerner, Young, McColloch & Dezendorf and John Gordon Gearin, of Portland.

U.S. Balentine, of Klamath Falls, argued the cause and filed a brief for respondent.

Before LATOURETTE, Chief Justice, and WARNER, ROSSMAN, TOOZE and PERRY, Justices.

REVERSED.

WARNER, J.

This is an action brought by George Sheridan Spencer against the Southern Pacific Company, a corporation, to recover damages for injuries sustained in a collision between an automobile driven by him and defendant's freight train at a country road crossing on defendant's main line about four miles south of the city of Klamath Falls in Klamath county, Oregon. At the conclusion of the trial, both parties moved for directed verdicts. The court...

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