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ESSON v. FLICKINGER

237 Or. 462 (1964)

391 P.2d 769

ESSON ET AL v. FLICKINGER ET AL

Supreme Court of Oregon.

Affirmed April 29, 1964.

Attorney(s) appearing for the Case

Thomas E. Schulz, Salem, argued the cause and filed a brief for appellants.

Cleveland C. Cory, Portland, argued the cause for respondent Robert Campbell. With him on the brief were Don H. Marmaduke and Robert L. Ridgley, Portland.

Before PERRY, Presiding Justice, and SLOAN, O'CONNELL, DENECKE and LUSK, Justices.

AFFIRMED.

DENECKE, J.

This is an action by trustees of a missing person, Ruth Skaggs, for damages for personal injuries allegedly inflicted upon her in a traffic accident. Defendants demurred upon three grounds: plaintiffs have no legal capacity to sue, there is a defect in parties plaintiff, and the complaint does not state a cause of action. The trial court sustained the demurrer with leave to Ruth Skaggs to substitute...

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