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DIMICK v. LINNELL

240 Or. 509 (1965)

402 P.2d 734

DIMICK v. LINNELL

Supreme Court of Oregon.

Reversed June 3, 1965.

Attorney(s) appearing for the Case

Paul E. Geddes, Roseburg, argued the cause for appellant. On the brief were Geddes, Felker, Walton & Richmond, Roseburg.

Philip A. Levin, Portland, argued the cause for respondent. With him on the brief were Pozzi, Levin & Wilson and Garry Kahn, Portland.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, Justices.

REVERSED.

HOLMAN, J.

Plaintiff, while a pedestrian upon a highway, was hit by defendant's automobile. From a judgment for plaintiff for damages defendant appealed. The only issue is whether defendant's motion for directed verdict should have been granted on the basis that plaintiff was guilty of contributory negligence as a matter of law.

At about two o'clock on a foggy morning plaintiff decided to try to find...

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