MILLARD v. MITCHELL BROS. TRUCK LINES


500 P.2d 713 (1972)

James Arthur MILLARD, Jr., Appellant, v. MITCHELL BROS. TRUCK LINES, an Oregon Corporation, and Rudolph Walter Thies, Respondents.

Supreme Court of Oregon.

Decided September 8, 1972.


Attorney(s) appearing for the Case

Vernon Cook, Gresham, argued the cause and filed the briefs for appellant.

Edwin J. Peterson, Portland, argued the cause for respondents. With him on the brief were Michael J. Gentry, and Tooze, Powers, Kerr, Tooze & Peterson, Portland.

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


HOWELL, Justice.

Plaintiff appeals from a judgment entered in favor of defendants in an action for personal injuries. Since no question of respondeat superior is involved, we will refer to defendant Mitchell Bros. Truck Lines as if it were the only defendant.

The facts are not generally disputed.

The defendant parked its eight-foot-wide flatbed truck on the north side of S.E. Foster Boulevard near Portland. There, the street consists of two westbound...

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