DAWKINS v. TRUAX OIL COMPANY


487 P.2d 882 (1971)

Roland L. DAWKINS, Appellant, v. TRUAX OIL COMPANY, an Oregon Corporation, and Donald Groat, Respondents.

Supreme Court of Oregon.

Decided August 11, 1971.


Attorney(s) appearing for the Case

James W. Lock, Gresham, argued the cause for appellant. With him on the brief were Burns & Lock, Gresham.

Thomas S. Moore, Portland, argued the cause for respondents. With him on the brief were Morrison & Bailey, Portland.

Before O'CONNELL, C.J., and HOLMAN, HOWELL and BRYSON, JJ.


HOWELL, Justice.

This is an appeal by plaintiff from a judgment in favor of defendant based on a jury verdict in an action for personal injuries.

The accident, which involved two trucks, occurred at 6 a.m. on December 22, 1967, in a mountainous area in central Oregon, near the Crescent Lake junction on Highway 58. The highway was covered with packed snow and ice and, as it was still dark, both trucks had their lights on. The truck belonging to defendant Truax...

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