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BEERS v. CHAPMAN ET AL

230 Or. 553 (1962)

370 P.2d 941

BEERS v. CHAPMAN ET AL

Supreme Court of Oregon.

Affirmed May 2, 1962.

Attorney(s) appearing for the Case

Leo Levenson, Portland, argued the cause for appellant. On the brief was E.B. Sahlstrom, Eugene.

Richard Bryson, Eugene, argued the cause for respondents Chapman and Mattice. On the brief were Calkins and Bryson, Eugene.

Edward V. O'Reilly, Eugene, argued the cause for respondent Packebush. On the brief were Thwing, Jaqua & O'Reilly, Eugene.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, GOODWIN and LUSK, Justices.

AFFIRMED.

McALLISTER, C.J.

This is an action brought under the Employer's Liability Act by plaintiff, Nellie M. Beers, as surviving spouse, to recover for the wrongful death of her husband who was killed on March 16, 1959 while engaged in loading a truck with logs. The defendants, by supplemental pleadings filed pursuant to ORS 656.324(3), alleged that the defendants and the decedent's employer were all subject to the Workmen's Compensation law and that plaintiff...

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