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KELLYE v. GREYHOUND LINES, INC.

436 P.2d 727 (1968)

Oma Faye KELLYE, Appellant, v. GREYHOUND LINES, INC., a California Corporation, Respondent. John W. Brugman, As Administrator of the Estate of Tommy Ray Maness, Deceased, for Benefit of Said Estate and Dependent Mother, Oma Faye Kellye, Appellant, v. Greyhound Lines, Inc., a California Corporation, Respondent.

Supreme Court of Oregon, In Banc.

Reargued January 2, 1968.

Decided January 24, 1968.

Attorney(s) appearing for the Case

William F. White, Portland, argued the cause for appellants. With him on the brief were White, Sutherland & Gilbertson, Portland, and Jack Boggust, Brawley, Cal.

John Gordon Gearin, Portland, argued the cause for respondent. With him on the brief were James H. Clarke and McColloch, Dezendorf & Spears, Portland.

Before PERRY, C.J. and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

Argued before Department 1 and Submitted September 11, 1967.

GOODWIN, Justice.

The question is whether a pedestrian was contributorily negligent as a matter of law when he was struck and killed by a Greyhound bus. The trial court held that he was, and directed a verdict for the defendant in each of these consolidated cases.

The material evidence on the issue of contributory negligence is as follows:

Two young men were walking South on their...

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