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WINK v. MARSHALL

237 Or. 589 (1964)

392 P.2d 768

WINK v. MARSHALL

Supreme Court of Oregon.

Reversed May 27, 1964.

Attorney(s) appearing for the Case

Duane Vergeer, Portland, argued the cause for appellant. On the brief were Vergeer & Samuels and Frederic P. Roehr, Portland.

Irvin D. Smith, Portland, argued the cause for respondent. With him on the brief was Larry Landgraver, Portland.

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

REVERSED.

GOODWIN, J.

Plaintiff brought this action for damages against the estate of Michael Talbott, a deceased motorist. The defendant, as the purported administrator of the estate, appeals from a judgment for plaintiff.

Talbott was driving his own automobile and was killed in a collision with the plaintiff's automobile. There is some question under ORS 30.080 whether there was sufficient evidence to justify submitting the case to the jury. However...

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