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DAUGHERTY v. OREGON STATE HIGHWAY COMMISSION

511 P.2d 408 (1973)

Richard E. DAUGHERTY, Personal Representative of the Estate of Mary L. Daugherty, Deceased, Respondent, v. OREGON STATE HIGHWAY COMMISSION, a Public Body of the State of Oregon, Appellant.

Court of Appeals of Oregon.

Decided June 18, 1973.

Rehearing Denied July 11, 1973.

Review Granted September 18, 1973.

Attorney(s) appearing for the Case

Ridgway K. Foley, Jr., Portland, argued the cause for appellant. With him on the briefs were Souther, Spaulding, Kinsey, Williamson & Schwabe and James F. Spiekerman, Portland.

Mervin W. Brink, Hillsboro, argued the cause for respondent. With him on the brief were Brink & Moore, Hillsboro.

Before SCHWAB, C.J., and LANGTRY and FOLEY, JJ.

LANGTRY, Judge.

This is an appeal by defendant from a jury verdict and judgment for $50,000 in a wrongful death action (ORS 30.010-30.100). Decedent was killed when the vehicle she was driving skidded on an icy bridge and collided with a logging truck.

Plaintiff's second amended complaint alleged:

"That the death of Mary L. Daugherty resulted from the negligence of the defendant in one or more of the following particulars: "1. In failing...

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