MILLS v. DUNN BROS., INC.


503 P.2d 1250 (1972)

Gerald MILLS, Appellant, v. DUNN BROS., INC., a Corporation, Respondent.

Supreme Court of Oregon.

Decided December 7, 1972.


Attorney(s) appearing for the Case

George M. Joseph, Portland, argued the cause for appellant. With him on the brief were Carlton R. Reiter, Reiter, Day, Wall & Bricker, and Bemis, Breathouwer & Joseph, Portland.

Ridgway K. Foley, Jr., Portland, argued the cause for respondent. With him on the brief were Gordon Moore, and Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

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


HOLMAN, Justice.

This action presents an unusual situation. A fireman of a railroad locomotive seeks damages from the owner of a truck for personal injuries received in an intersection collision between the locomotive and the truck. Plaintiff appeals from a judgment entered on a jury verdict for defendant.

Plaintiff contends the trial court should have instructed the jury that defendant's driver was negligent and that such negligence was a cause of the accident...

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