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STUART v. KELSAY

494 P.2d 249 (1972)

Marie STUART, Administratrix of the Estate of Larry Gene Williamson, Deceased, Appellant, v. Peter KELSAY, Administrator of the Estate of Daniel Walter Nichol, Deceased, Respondent.

Supreme Court of Oregon, In Banc.

Decided March 1, 1972.

Attorney(s) appearing for the Case

Donald A. Loomis, Eugene, argued the cause for appellant. On the brief were Jack A. Gardner, and Jaqua, Wheatley & Gardner, Eugene.

Paul D. Clayton, Eugene, argued the cause for respondent. With him on the brief were Luvaas, Cobb, Richards & Fraser, Eugene.

BRYSON, Justice.

This is a wrongful death action for the benefit of the estate of the decedent Larry Gene Williamson against the estate of Daniel Walter Nichol, deceased (ORS 30.020).

Williamson and Nichol, both minors, were in an automobile at the time it left the road at a high rate of speed and hit a tree. The car disintegrated and both died as a result of the accident. The jury returned a verdict for the defendant. Plaintiff appeals.

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