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SMITH v. PORTLAND TRACTION CO.

226 Or. 221 (1961)

359 P.2d 899

SMITH v. PORTLAND TRACTION COMPANY

Supreme Court of Oregon.

Affirmed February 21, 1961.

Attorney(s) appearing for the Case

Alan H. Johansen, Portland, argued the cause for appellant. With him on the brief were Krause, Lindsay & Nahstoll, Portland.

Lamar Tooze, Jr. and Edwin J. Peterson, Portland, argued the cause for respondent. With them on the brief were Tooze, Kerr, Tooze & Morrell, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, GOODWIN and KING, Justices.

AFFIRMED.

ROSSMAN, J.

This is an appeal by the plaintiff, Edward Smith, from a judgment in favor of the defendant, Portland Traction Company, which the circuit court entered after it had sustained the defendant's motion for a judgment of involuntary nonsuit.

The defendant is a common carrier, and upon the occasion with which this case is concerned the plaintiff's wife, Daisy Smith, was a passenger in one of its buses. The plaintiff brought this action...

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