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ROEHR v. BEAN

237 Or. 599 (1964)

392 P.2d 248

ROEHR v. BEAN

Supreme Court of Oregon.

Reargued March 30, 1964.

Reversed with instructions May 13, 1964.

Petition for rehearing denied June 9, 1964.

Attorney(s) appearing for the Case

Edwin J. Peterson, Portland, argued and reargued the cause for appellant. With him on the briefs were Earle P. Skow and Tooze, Powers, Kerr, Tooze & Morrell, Portland.

Thomas Cavanaugh, Portland, argued and reargued the cause for respondent. With him on the brief were Vergeer & Samuels, Portland.

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

REVERSED WITH INSTRUCTIONS.

PERRY, J.

On April 22, 1959, the plaintiff's intestate Donald C. Wickersham was riding as a guest passenger in a Triumph sports car owned and driven by Gene Rutherford. An accident occurred approximately 5 miles east of Tillamook and both Wickersham and Rutherford were killed.

The plaintiff brought this action to recover damages for the alleged wrongful death of Donald C. Wickersham. The jury returned a verdict for the plaintiff...

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