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CAMPBELL v. CARPENTER

566 P.2d 893 (1977)

279 Or. 237

Joy A. CAMPBELL, Personal Representative of the Estate of Marie M. Scheie, Deceased, Respondent, v. Keith CARPENTER and Mary Carpenter, Individually and Dba Mary Jo's Inn, Appellants, and Betty Jean Pierce, Respondent. Paul D. Scheie, Personal Representative of the Estate of Arnold Scheie, Deceased, Respondent, v. Keith Carpenter and Mary Carpenter, Individually and Dba Mary Jo's Inn, Appellants, and Betty Jean Pierce, Respondent.

Supreme Court of Oregon, Department 2.

Decided July 20, 1977.

Attorney(s) appearing for the Case

Francis F. Yunker, Portland, argued the cause for appellants Carpenter. With him on the brief was Mary J. Vershum, Portland.

Elden M. Rosenthal, Portland, argued the cause for respondents Campbell and Scheie. With him on the brief was Charles Paulson, P.C., Portland.

No appearance for respondent Pierce.

Before DENECKE, C.J., and TONGUE, BRYSON and TOMPKINS, JJ.

TONGUE, Justice.

These are two consolidated actions for wrongful death against the owners and operators of a tavern. Both decedents were killed by an automobile whose driver had become intoxicated at the tavern. The cases were tried before the court, without a jury. Judgments were entered against both the driver, defendant Pierce, and against the owners of the tavern, defendants Carpenter. Only defendants Carpenter appeal.

The principal allegation of the complaint...

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