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LAYNE v. PORTLAND TRACTION CO.

212 Or. 658 (1957)

319 P.2d 884

321 P.2d 312

LAYNE v. PORTLAND TRACTION COMPANY

Supreme Court of Oregon.

Reversed December 24, 1957.

Petition for rehearing denied February 11, 1958.

Attorney(s) appearing for the Case

Lamar Tooze and Lamar Tooze, Jr., Portland, argued the cause for appellant. On the briefs were Phillips, Coughlin, Buell & Phillips, Portland.

Bert E. Joachims, Portland, argued the cause for respondent. With him on the brief was Harry G. Spencer, Portland.

Before PERRY, Chief Justice, and ROSSMAN, LUSK and WARNER, Justices.

REVERSED.

ROSSMAN, J.

This appeal by the defendant, Portland Traction Company, challenges a judgment which the circuit court entered in favor of the plaintiff in an action brought by him to recover damages for personal injuries which he suffered November 19, 1953 at 6:04 p.m., when a west-bound freight train of the defendant, in crossing Southeast 92nd avenue in Portland, collided with the pickup truck which he was driving northerly at that point. The complaint...

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