TANNER v. FOWELLS


243 Or. 624 (1966)

415 P.2d 162

TANNER v. FOWELLS

Supreme Court of Oregon.

Affirmed June 3, 1966.


Attorney(s) appearing for the Case

William F. Schulte, Portland, argued the cause for appellant. With him on the brief was Kneland C. Tanner, Portland.

Edwin J. Peterson, Portland, argued the cause for respondent. On the brief were Earle P. Skow, and Tooze, Powers, Kerr, Tooze & Peterson, all of Portland.

Before McALLISTER, Chief Justice, and SLOAN, GOODWIN, HOLMAN and HAMMOND, Justices.


AFFIRMED.

HAMMOND, J. (Pro Tempore).

This is an action brought for damages for wrongful death. The deceased, Louis Kurtz, was involved in an accident when the automobile he was driving was struck in an intersection by a vehicle driven by defendant. The court ultimately directed the jury that, as a matter of law, the defendant was negligent, and that such negligence was the proximate cause of the collision. However, the question of the existence of a substantial...

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