SARGENT v. SOUTHERN PACIFIC TRANSPORTATION CO.


504 P.2d 729 (1972)

Waitie J. SARGENT, Administrator of the Estate of Douglas Sargent, Deceased, Appellant, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware Corporation, Respondent (Two Cases).

Supreme Court of Oregon.

Decided December 29, 1972.


Attorney(s) appearing for the Case

John Gordon Gearin, Portland, argued the cause for appellant. With him on the briefs were Davis C. Landis, and Gearin, Landis & Aebi, Portland, and Anderson, Richmond & Owens, Eugene.

James H. Clarke, Portland, argued the cause for respondent. With him on the brief were Robert E. Maloney, Jr., and McColloch, Dezendorf, Spears & Lubersky, Portland.

Before McALLISTER, P.J., and DENECKE, HOLMAN, TONGUE, HOWELL, and BRYSON, JJ.


HOLMAN, Justice.

Plaintiff is the administrator of the estate of both Diane and Douglas Sargent, husband and wife, who were killed in a collision at a railroad crossing between an automobile, driven by Douglas, and defendant's freight train. Plaintiff filed a separate case for damages for the death of each decedent and the two cases were consolidated for trial. Plaintiff appealed from judgments of involuntary nonsuit given at the completion of plaintiff's cases in...

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