POPE, Circuit Judge.
This was an action to recover damages for personal injuries due to negligence, and was based on diversity of citizenship.
On October 31, 1955, as plaintiff Smith was driving his car east over a mountainous portion of Oregon State highway 26, he encountered snow and stopped on the right hand edge of the road to put chains on his tires. Defendants' truck with trailer attached came up behind his car and attempted to pass. As it did so, moving...
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