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SIMMONS v. YORK

449 P.2d 645 (1969)

Margaret E. SIMMONS, Respondent, v. Jerry Lee YORK, S & H Trucking Company, Defendants, and Independent Motor Transport, Inc., and C.D. Spencer, Jr., and Louise M. Spencer, Doing Business As Independent Motor Transport, Appellants.

Supreme Court of Oregon, Department 2.

Decided January 15, 1969.

Attorney(s) appearing for the Case

George L. Hibbard, Oregon City, argued the cause for appellants. On the brief were Hibbard, Jacobs, Caldwell & Canning, Oregon City.

Patrick P. Gilroy, Oregon City, argued the cause for respondent. With him on the brief were Schumaker & Gilroy, and William E. Schumaker, Oregon City.

Before PERRY, C.J., and SLOAN, GOODWIN, HOLMAN and LANGTRY, JJ.

SLOAN, Justice.

Plaintiff was driving her car along 82nd Drive in Portland when she stopped in response to a red light on a traffic control signal at an intersection. After she had been stopped for an appreciable time she observed, through the rear view mirror, a large truck approaching the rear of her car at too great a speed to stop. The truck, driven by defendant York, struck the rear of plaintiff's car, causing her injury. In this action plaintiff recovered. Defendant...

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