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SMITH v. COOPER

475 P.2d 78 (1970)

Phyllis L. SMITH, As Executrix of the Estate of Clinton C. Smith, Deceased, Appellant, v. Forrest COOPER (State Highway Engineer); L.C. Smitton (District Maintenance Superintendent); and A.F. Parson (Division Engineer), Respondents.

Supreme Court of Oregon, In Banc.

Decided September 18, 1970.

Reargued December 8, 1969.

Attorney(s) appearing for the Case

Harry A. Slack, Jr., Coquille, argued the cause for appellant. On the briefs were Slack & Slack, Coquille.

Norma Paulus, Salem, argued the cause for respondents. With her on the brief were Clark & Marsh, Salem.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

DENECKE, Justice.

The plaintiff executrix brought this action to recover damages for the death of her testator which occurred when a car in which he was riding went off the highway and crashed. The defendants are State Highway Commission officials and employees and their alleged negligence was in planning, establishing and maintaining the highway at the place of the accident. The defendants moved to quash the service of summons...

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