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PHILLIPS v. CREIGHTON

211 Or. 645 (1957)

316 P.2d 302

PHILLIPS, GUARDIAN v. CREIGHTON, ADMINISTRATOR

Supreme Court of Oregon.

Affirmed October 16, 1957.

Petition for rehearing denied November 13, 1957.

Attorney(s) appearing for the Case

Allan G. Carson, Salem, argued the cause for appellant. With him on the brief were John A. Heltzel and Peter M. Gunnar, Salem.

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

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

AFFIRMED.

McALLISTER, J.

This is an action by the plaintiff, R.L. Phillips as guardian of his infant son, James Phillips, against T.M. Gosser to recover damages for personal injuries sustained by said minor when he was struck by an automobile owned and driven by Mr. Gosser. After the action was filed, Mr. Gosser died, and Chas. W. Creighton, Jr. was appointed administrator of his estate and substituted as the defendant. When the case was first tried the jury...

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