Opinion
Argued March 16, 1960
Affirmed April 6, 1960
Appeal from Circuit Court, Yamhill County.
ARLIE G. WALKER, Judge.
James O. Goodwin, Oregon City, argued the cause for the appellant. With him on the briefs were Jack, Goodwin Santos, Oregon City.
Charles S. Crookham, Portland, argued the cause for the respondent. With him on the brief were Vergeer Samuels, Portland.
Before McALLISTER, Chief Justice, and SLOAN, O'CONNELL and HARRIS, Justices.
AFFIRMED.
MEMORANDUM
The only question presented by this appeal is determined by Whittington v. Davis, 221 Or. 209, 350 P.2d 913, decided today. Like Whittington, this was an action for personal injury resulting from an automobile accident. Shortly after the accident defendant removed himself from the state. The plaintiff failed to take advantage of her right to obtain service of summons on the defendant as permitted by ORS 15.190 until after more than two years had expired. The court submitted the case to the jury and a verdict was given plaintiff. The court then entered a judgment n.o.v. Plaintiff appeals. She acknowledges that the only issue is the tolling of the statute of limitations by defendant's absence from the state. The Whittington case decides the issue. The judgment is affirmed.