Sturm v. Smelcer

This is an action to recover damages for the alleged wrongful death of plaintiff’s decedent, John P. Sturm, resulting from a collision between a tractor operated by Sturm and an automobile operated by defendant. The jury returned a verdict for plaintiff, and from the judgment entered thereon the defendant appeals.

Defendant’s brief contains three assignments of error, each contending that the court erred in giving a certain instruction to the jury.

The accident occurred on November 5, 1960 on County Road No. 649 near Hermiston in Umatilla county. The road was surfaced with sand and gravel for a…