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WUSTRACK v. BUILDERS SUPPLY CO.

241 Or. 120 (1965)

404 P.2d 796

WUSTRACK v. BUILDERS SUPPLY COMPANY

Supreme Court of Oregon.

Affirmed July 30, 1965.

Attorney(s) appearing for the Case

Asa L. Lewelling, Salem, argued the cause and filed a brief for appellant.

Robert G. Ringo, Corvallis, argued the cause for respondent. On the brief were Ringo & Walton, Corvallis.

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

AFFIRMED.

SLOAN, J.

Patricia Wustrack, plaintiff's 14 year old daughter, was killed while attempting to board defendant's truck in a parade at Corvallis. In this action for wrongful death, plaintiff recovered. Defendant appeals. The two assignments of error are directed at the court's refusal to direct a verdict for defendant.

The parade was one conducted annually by Oregon State University students as a part of the homecoming celebration. The parade...

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