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ELLIOTT v. ROGERS CONSTRUCTION, INC.

479 P.2d 753 (1971)

Lovina Fay ELLIOTT, Administratrix of the Estate of Otis Ward Elliott, Deceased, Appellant, v. ROGERS CONSTRUCTION, INC., an Oregon Corporation, and Fredrick Larry Kenney, Respondents.

Supreme Court of Oregon.

Decided January 27, 1971.

Attorney(s) appearing for the Case

Robert J. Morgan, Milwaukie, argued the cause for appellant. With him on the brief were Erlandson & Morgan, and Roger P. Mundorff, Milwaukie.

Cleveland C. Cory, Portland, argued the cause for respondent Rogers Construction, Inc. With him on the brief were Davies, Biggs, Strayer, Stoel & Boley, and Clarence R. Wicks, Portland.

James H. Clarke, Portland, argued the cause for respondent Fredrick Larry Kenney. With him on the brief were McColloch, Dezendorf, Spears & Lubersky, and Richard S. Borst, Portland.

Before O'CONNELL, C.J., and DENECKE, HOLMAN, TONGUE, HOWELL and BRYSON, JJ.

Argued and Submitted at Pendleton October 26, 1970.

BRYSON, Justice.

This is an action for wrongful death by plaintiff, administratrix of her deceased husband's estate. The deceased, Otis Ward Elliott, was killed when struck by an automobile operated by defendant Kenney while defendant Kenney was on his way to work for defendant Rogers Construction, Inc. The accident occurred adjacent to Viento State Park on United States Highway 30 about 6:30 a.m. on September...

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