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SO. PACIFIC CO. v. CON. FREIGHTWAYS

203 Or. 657 (1955)

281 P.2d 693

SOUTHERN PACIFIC COMPANY v. CONSOLIDATED FREIGHTWAYS, INC.

Supreme Court of Oregon.

Affirmed March 30, 1955.

Attorney(s) appearing for the Case

William C. Ralston, Portland, argued the cause for appellant. With him on the briefs were Phillips, Hodler & Sandeberg, Portland.

Wayne Hilliard, Portland, argued the cause for respondent. With him on the briefs were Koerner, Young, McColloch & Dezendorf and John Gordon Gearin, Portland.

Before WARNER, Chief Justice, and ROSSMAN, TOOZE and PERRY, Justices.

AFFIRMED.

WARNER, C.J.

This is an action for the recovery of damages sustained by the Southern Pacific Company (plaintiff-respondent) by reason of a collision between a freight train of the railway company and a truck and trailer operated by Consolidated Freightways, Inc. (defendant-appellant). The accident occurred on June 14, 1951, about 11 p.m. near the north line of the intersection of 12th and State streets in Salem, Oregon. Shortly before the accident...

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