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WALKER v. SPOKANE, PORTLAND AND SEATTLE RAILWAY CO

500 P.2d 1039 (1972)

Virginia Josephine WALKER, Executrix of the Estate of Roy Herbert Walker, Appellant, v. SPOKANE, PORTLAND AND SEATTLE RAILWAY Company, a Washington Corporation, et al., Respondents.

Supreme Court of Oregon.

Decided September 8, 1972.

Attorney(s) appearing for the Case

Robert D. Woods, Eugene, argued the cause for appellant. With him on the briefs were Riddlesbarger, Pederson, Young & Horn, Eugene.

Cleveland C. Cory, Portland, argued the cause for respondents. With him on the brief was Clarence R. Wicks, Portland.

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

DENECKE, Justice.

Plaintiff's decedent was killed when the car he was driving, which was stopped on defendant Oregon Electric's railroad tracks, was struck by Oregon Electric's train. The jury returned a verdict against plaintiff and she appeals. The only issue is whether the trial court correctly submitted the last clear chance doctrine to the jury.

If a jury finds that the defendant had the "last clear chance"...

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