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HENTHORNE v. HOPWOOD

218 Or. 336 (1959)

338 P.2d 373

345 P.2d 249

HENTHORNE, ADMINISTRATOR v. HOPWOOD ET AL

Supreme Court of Oregon.

Reversed April 29, 1959.

Petition for rehearing denied October 21, 1959.

Attorney(s) appearing for the Case

Dale Jacobs, Oregon City, argued the cause and filed a brief for appellants.

Frank P. Santos argued the cause for respondent. On the brief were Jack, Goodwin & Santos and Richard E. Rink, Oregon City.

Jack, Goodwin & Santos, Oregon City, and Philip A. Levin, Portland, for the petition.

Hibbard, Jacobs & Caldwell and Harold Uney, Oregon City, contra.

Before McALLISTER, Chief Justice, and LUSK, PERRY, O'CONNELL and CRAWFORD, Justices.

REVERSED.

LUSK, J.

This is an action for death by wrongful act, in which the plaintiff recovered a judgment and defendants have appealed. The deceased, Flossie M. Henthorne, while crossing 16th Street in Oregon City, was struck by an automobile driven by the defendant William B. Hopwood and owned by the defendant Burt Hopwood, and died as the result of the accident. The uncontradicted evidence shows that the deceased was crossing the street between intersections...

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