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STRUBHAR v. SOUTHERN PACIFIC CO.

234 Or. 12 (1963)

379 P.2d 1014

STRUBHAR v. SOUTHERN PACIFIC COMPANY

Supreme Court of Oregon.

Reargued February 6, 1963.

Reversed March 28, 1963.

Attorney(s) appearing for the Case

David P. Templeton, Portland, argued the cause for appellant. With him on the briefs were Dusenbery, Martin, Beatty & Parks, Portland.

James H. Clarke, Portland, argued the cause for respondent. With him on the brief were Koerner, Young, McColloch & Dezendorf and John Gordon Gearin, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN, O'CONNELL, GOODWIN and DENECKE, Justices.

REVERSED.

SLOAN, J.

This was an action for the alleged wrongful death of plaintiff's decedent. The death resulted from a collision between a truck operated by the deceased and one of defendant's mail-passenger trains. The trial court allowed defendant's motion for an involuntary nonsuit and plaintiff appeals. It is necessary to decide if the deceased was guilty of contributory negligence as a matter of law.

The grade crossing where the accident happened...

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