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CUTSFORTH v. KINZUA CORPORATION

517 P.2d 640 (1973)

Orville CUTSFORTH, Jr., Personal Representative of the Estate of Gene Watson Cutsforth, Deceased, Appellant, v. KINZUA CORPORATION, a Washington Corporation, Respondent.

Supreme Court of Oregon, In Banc.

Decided December 31, 1973.

Attorney(s) appearing for the Case

Robert G. Hawkins, Gresham, and Thomas Cavanaugh, Portland, argued the cause for appellant. With them on the briefs were Hawkins, Germundson & Scalf, Gresham, and Schouboe & Cavanaugh, P.C., Portland.

George H. Corey and Steven H. Corey, Pendleton, argued the cause for respondent. With them on the brief were Corey, Byler & Rew, Pendleton.

Argued and Submitted at Pendleton May 7, 1973.

BRYSON, Justice.

This is an action for wrongful death arising out of a collision between the plaintiff's decedent's automobile and defendant's log loader. Defendant filed a counterclaim for damages to its log loader. Oregon's comparative negligence statute, ORS 18.470, was in effect at the time of the accident. The jury, by "SPECIAL FINDINGS OF FACT" (ORS 17.415), found that plaintiff's decedent was 56 percent...

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