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GORHAM v. SWANSON

453 P.2d 670 (1969)

Tonya GORHAM, Appellant, v. Ray C. SWANSON and W.H. Swanson, Doing Business As Swanson Bros. Lumber Co., Respondents.

Supreme Court of Oregon, In Banc.

Reargued October 7, 1968.

Decided April 23, 1969.

Attorney(s) appearing for the Case

Duane Vergeer, Portland, argued the cause for appellant. On the briefs were Vergeer, Samuels, Cavanaugh & Roehr and Walter H. Sweek, Portland.

Richard Bryson, Eugene, argued the cause for respondents. On the brief were Calkins & Bryson, Eugene.

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

McALLISTER, Justice.

This is a third party action by a surviving spouse for the alleged wrongful death of a workman and raises again the application of the "joint supervision or control" and the "pickup or delivery" provisions of ORS 656.154.

The decedent, Wayne E. Gorham, was employed as a truck driver by Wilhelm Trucking Company. On July 9, 1966, while his truck was being loaded with lumber at defendants' sawmill in Noti, decedent was

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