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JOHNSON v. BOSHART

443 P.2d 641 (1968)

James C. JOHNSON, Respondent, v. Merrill BOSHART and Shirley Boshart, Husband and Wife, Appellants.

Supreme Court of Oregon. Department 2.

Decided July 17, 1968.

Attorney(s) appearing for the Case

Paul D. Clayton, Eugene, argued the cause for appellants. With him on the briefs were Luvaas, Cobb, Richards & Fraser, Eugene.

James W. Walton, Corvallis, argued the cause for respondent. On the brief were Ringo, Walton & McClain, Corvallis.

Before SLOAN, P.J., and GOODWIN and HOLMAN, JJ.

PER CURIAM.

This action resulted from a collision between plaintiff, who was riding a motorcycle, and a car driven by defendant, Shirley Boshart. At the trial the court instructed that it would be negligence for plaintiff to have violated the basic rule. The trial court also refused to permit plaintiff to testify as to his ability to stop the motorcycle. The trial court, on a motion for a new trial, decided that there was no evidence that plaintiff had violated the...

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