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MARKS v. SOUTHERN PAC. CO.

211 Or. 539 (1957)

316 P.2d 523

MARKS, EXECUTOR v. SOUTHERN PACIFIC COMPANY ET AL.

Supreme Court of Oregon.

Affirmed October 23, 1957.

Attorney(s) appearing for the Case

Dudley C. Walton argued the cause for appellant. On the brief were Geddes, Felker, Walton & Richmond, Roseburg.

Wayne Hilliard, Portland, argued the cause for respondents. With him on the brief were Koerner, Young, McColloch & Dezendorf, Portland.

Before PERRY, Chief Justice, and ROSSMAN, BRAND and McALLISTER, Justices.

AFFIRMED.

ROSSMAN, J.

This is an appeal by the plaintiff from a judgment which the circuit court entered pursuant to a motion made by the defendants for the award of judgment in their favor notwithstanding the verdict. The action was based upon charges that John E. Marks, of whose estate the plaintiff is executor, was killed through the negligent operation of a train by the defendants. The verdict was in the sum of...

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