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HORN v. CALIF.-ORE. POWER CO.

221 Or. 328 (1960)

351 P.2d 80

HORN v. CALIFORNIA-OREGON POWER COMPANY ET AL

Supreme Court of Oregon.

Affirmed April 20, 1960.

Attorney(s) appearing for the Case

A.C. Yaden, Klamath Falls, argued the cause and filed the brief for appellant.

James H. Clarke, Portland, argued the cause for respondents Southern Pacific Company and Central Pacific Railway Company and Theodore R. Hughey. With him on the brief were Koerner, Young, McColloch & Dezendorf, Portland.

Malcolm T. Dungan, San Francisco, California, argued the cause for respondents California-Oregon Power Company, The California Oregon Power Company, J.C. Boyle, S.I. Ritchey and L.W. Hutchinson. With him on the brief were Maxwell & Goddard, Klamath Falls, and Brobeck, Phleger & Harrison, San Francisco.

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

AFFIRMED.

ROSSMAN, J.

This is an appeal by the plaintiff, Henrietta Horn, from a judgment which the circuit court for Klamath County entered on May 29, 1958. The judgment dismissed an action which the plaintiff instituted April 15, 1955, and stated as the reason upon which it was grounded the following: "want of prosecution."

The plaintiff presents a single assignment of error; it reads: "The Court erred in allowing the motion to dismiss."

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