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BRADFIELD v. ANDERSON ET UX

230 Or. 199 (1962)

369 P.2d 274

BRADFIELD v. ANDERSON ET UX

Supreme Court of Oregon.

Reversed and remanded February 28, 1962.

Attorney(s) appearing for the Case

Gordon G. Carlson, Roseburg, argued the cause for appellant. On the brief were Clifford S. Beckett, Oregon City, and Yates, Murphy & Carlson, Roseburg.

John C. Anicker, Oregon City, argued the cause for respondents. On the brief were Jack, Goodwin & Anicker.

Before McALLISTER, Chief Justice, and WARNER, SLOAN, O'CONNELL and LUSK, Justices.

REVERSED AND REMANDED.

LUSK, J.

Plaintiff brought this action based on negligence to recover damages for the wrongful death of her husband alleged to have been caused by a tree, which was standing on the defendants' land, falling and striking the decedent as he was driving his automobile along the highway. Defendants moved to strike out paragraph VII of the amended complaint. The court granted the motion. Plaintiff refused to plead further and judgment was...

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