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UNITED STATES NATIONAL BANK v. NJUST

480 P.2d 420 (1971)

The UNITED STATES NATIONAL BANK of Oregon, Executor of the Estate of Lillian M. Durschmidt, Deceased, Appellant, v. Lowell D. NJUST, Administrator with the Will Annexed of the Estate of Ida Christiansen, Deceased; Virgil Smith and Miles LeRoy Smith, Respondent.

Supreme Court of Oregon, In Banc.

Decided February 10, 1971.

Attorney(s) appearing for the Case

Sidney A. Brockley, Oregon City, argued the cause for appellant. With him on the briefs were Jack, Goodwin & Anicker, Oregon City.

Edward H. Warren, Portland, argued the cause for respondent. With him on the brief were Hershiser, Mitchell & Warren, Portland.

TONGUE, Justice.

This is an action for damages for wrongful death against the driver of the automobile in which plaintiff's decedent was riding at the time of the accident causing her death. Plaintiff appeals from a judgment for defendant notwithstanding a jury verdict of $20,000 for plaintiff.

Plaintiff contends that the trial court erred in holding, as a matter of law, both (1) That plaintiff's decedent was a "guest," and (2) That defendant's decedent, the...

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