JOHNSON v. SMITH


546 P.2d 1087 (1976)

Shirley Louise JOHNSON, Appellant Cross-Respondent, v. Stanley SMITH, Defendant, State of Oregon, Respondent Cross-Appellant.

Court of Appeals of Oregon.

Decided March 8, 1976.


Attorney(s) appearing for the Case

Raymond J. Conboy, Portland, argued the cause for appellant cross-respondent. With him on the briefs were Brian L. Welch and Pozzi, Wilson & Atchison, Portland.

Hugh B. Collins, Medford, argued the cause for respondent cross-appellant. With him on the briefs were Collins, Ferris & Velure, Medford.

Before SCHWAB, C.J., and FOLEY and FORT, JJ.


FOLEY, Judge.

This suit was instituted by plaintiff, Shirley Johnson, for injuries sustained when defendant Smith drove his automobile into the rear end of plaintiff's automobile after plaintiff had stopped her automobile at the flooded portion of a highway maintained by defendant state of Oregon. Plaintiff alleged that the collision was partially caused by the state's failure to properly maintain a culvert under the highway or to warn drivers of the flooded condition...

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