FRANKS v. SMITH


444 P.2d 954 (1968)

Tracy FRANKS, Appellant, v. Sherrill K. SMITH, Respondent.

Supreme Court of Oregon, Department 1.

Decided September 5, 1968.


Attorney(s) appearing for the Case

Bernard P. Kelly, Medford, argued the cause for appellant. On the briefs were Franklin, Olsen, Bennett, Des Brisay & Jolles and Clifford B. Olsen, Portland, and Kelly, Grant & Cooney, Medford.

Philip B. Lowry and William V. Deatherage, Medford, argued the cause for respondent. On the brief were Frohnmayer, Lowry & Deatherage, Medford.

Before PERRY, C.J., and McALLISTER, O'CONNELL, DENECKE and LANGTRY, JJ.


DENECKE, Justice.

Plaintiff was injured when he and the defendant collided while they were engaged in the sport of motorcycle hill climbing. The jury found for the defendant and plaintiff appeals.

The plaintiff assigns as error the trial court's refusal to withdraw the defense of assumption of risk and the court's instructing the jury regarding such defense. On appeal the plaintiff attacks the language of the assumption...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases