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LEMONS v. KELLY

239 Or. 354 (1964)

397 P.2d 784

LEMONS v. KELLY ET AL

Supreme Court of Oregon.

Affirmed December 23, 1964.

Attorney(s) appearing for the Case

Ralph Currin, Pendleton, argued the cause for appellant Curtis King. On the briefs were Currin & French, Pendleton.

Harold A. Fabre, Pendleton, argued the cause for appellant Billy Audrian Kelly. On the brief were Fabre & Collins, Pendleton.

No appearance for appellant Hubert Kelly.

Roy Kilpatrick, Canyon City, argued the cause and submitted a brief for respondent.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, O'CONNELL, GOODWIN, DENECKE and LUSK, Justices.

AFFIRMED.

SLOAN, J.

This was an action for injuries suffered by plaintiff in an automobile accident. The accident occurred on a highway near Pendleton. Plaintiff was riding in a car driven by defendant Kelly. She alleged that immediately prior to the accident Kelly had been racing with a car driven by defendant King. The case was submitted to the jury to decide if the defendants were racing at the time of or immediately preceding the accident and, if so, was...

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