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WHITTINGTON v. DAVIS

221 Or. 209 (1960)

350 P.2d 913

WHITTINGTON v. DAVIS

Supreme Court of Oregon.

Affirmed April 6, 1960.

Attorney(s) appearing for the Case

Clifford S. Beckett, Oregon City, argued the cause and filed a brief for the appellant.

Wayne A. Williamson, Portland, argued the cause for the respondent. With him on the brief were Roland F. Banks, Jr., and Mautz, Souther, Spaulding, Denecke & Kinsey, Portland.

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

AFFIRMED.

SLOAN, J.

This was an action for personal injury plaintiff alleged he sustained in a collision with defendant's automobile. The issue to be decided involves the statute of limitations. The facts in regard to the accident are unimportant.

The accident happened on August 20, 1950. Plaintiff's complaint was filed within two years thereafter, but service of summons was not effected upon defendant until June 1, 1954. The plaintiff did not avail...

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