Johnson v. Star MacHinery Company

This is an appeal from a judgment for defendant in a wrongful death action brought in products liability and negligence by plaintiff as the representative of decedent’s estate. A demurrer to *697both counts was sustained upon the ground that the action had not been commenced within the time permitted by ORS 12.115 (1).

Plaintiff’s decedent was killed in the course of his employment. A plywood sander manufactured by defendant ejected a piece of plywood which hit decedent. The sander had been purchased from defendant by decedent’s employer in 1959. The fatal accident occurred on February 19, 1970.…