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ELLIOTT v. CALLAN

466 P.2d 600 (1970)

Elizabeth Sue ELLIOTT, Administratrix of the Estate of Cynthia Dawn Elliott, Deceased, Appellant, v. Joseph Albert CALLAN and Roy Cornellus Christopherson, Respondents.

Supreme Court of Oregon, In Banc.

Decided March 11, 1970.

Attorney(s) appearing for the Case

Lynn Moore, Springfield, argued the cause and filed a brief for appellant.

William E. Flinn, Eugene, argued the cause for respondent Callan. On the brief were Jaqua, Wheatley & Gardner, Eugene.

Richard Bryson, Eugene, argued the cause for respondent Christopherson. With him on the brief was Windsor Calkins, Eugene.

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

O'CONNELL, Justice.

Plaintiff's decedent, a seven-year old child, was killed while crossing the street when she was struck by a car driven by one of the defendants. In an action for damages for her death the jury returned a verdict for defendants and plaintiff appeals.

Plaintiff assigns as error the trial court's ruling that an eight-year old girl who was accompanying the decedent at the time of the accident was not...

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