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NAPIER v. SOUTHERN PACIFIC CO.

218 Or. 371 (1959)

345 P.2d 400

NAPIER, ADMT'X v. SOUTHERN PACIFIC COMPANY

Supreme Court of Oregon.

Affirmed October 30, 1959.

Attorney(s) appearing for the Case

E.B. Sahlstrom, Eugene, argued the cause for appellant. On the brief were Thompson & Sahlstrom, Eugene.

Joseph Larkin, Portland, argued the cause for respondent. On the brief were Koerner, Young, McColloch & Dezendorf, John Gordon Gearin, and Wayne Hilliard, all of Portland.

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

McALLISTER, C.J.

This is an action brought by the administratrix of the estate of Jerry Lue Eanes against Southern Pacific Co. to recover damages for the alleged wrongful death of said decedent, a fifteen year old girl. The court directed a verdict for defendant and plaintiff appeals.

The accident occurred at about three o'clock in the afternoon on July 20, 1953, at a point where defendant's main line track is crossed by a county road

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