Durkoop v. MISHLER

The plaintiff, an adult daughter, brought this action as administratrix of the estate of the deceased for and on behalf of the surviving widow, as sole beneficiary under the provisions of the wrongful death statute, ORS 30.020. From a judgment entered on the jury verdict for the plaintiff, the defendants appeal.

To discuss the several assignments of error it is necessary to set forth the facts of the case.

On April 5, 1961, at approximately 1:20 p.m., Stuart Gr. Barrett, five feet, eight or nine inches tall, and of the age of 77 years, was found unconscious and in a dying condition in the…