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BYERS ET AL v. HARDY ET AL

216 Or. 42 (1959)

337 P.2d 806

BYERS ET AL v. HARDY ET AL

Supreme Court of Oregon.

Affirmed April 8, 1959

Attorney(s) appearing for the Case

Carl D. Etling, Portland, argued the cause for appellants. With him on the brief was Harry H. Daniel, Portland.

Wayne A. Williamson, Portland, argued the cause for respondent Don M. Hardy. With him on the brief were Mautz, Souther, Spaulding, Denecke & Kinsey, Portland.

James K. Buell argued the cause for respondent J.S. Lindseth. On the brief were Phillips, Coughlin, Buell & Phillips, Portland.

Before McALLISTER, Chief Justice, and LUSK, WARNER and SLOAN, Justices.

AFFIRMED.

SLOAN, J.

The events which culminated in this action seem fateful and were tragic. Plaintiffs' decedent, whom we shall refer to as Byers, surrendered his life in a merciful but futile effort to save the life of another. These plaintiffs, the widow and minor children of Byers, sought, by this means, to assert a third party action against the defendants within the benefits of the Employers' Liability Act. The defendants responded with supplemental...

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