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SEDILLO v. CITY OF PORTLAND

234 Or. 28 (1963)

380 P.2d 115

SEDILLO v. CITY OF PORTLAND ET AL

Supreme Court of Oregon.

Affirmed March 28, 1963.

Attorney(s) appearing for the Case

Theodore S. Bloom, Portland, argued the cause for appellant. On the brief were Bloom & Martindale, Portland.

David P. Templeton, Portland, argued the cause for respondents. With him on the brief were Dusenbery, Martin, Beatty & Parks and John C. Beatty, Jr., Portland.

Before McALLISTER, Chief Justice, and PERRY, O'CONNELL, DENECKE and LUSK, Justices.

AFFIRMED.

DENECKE, J.

The plaintiff was injured in a rear-end collision with a car operated by the defendant Selfridge. The jury awarded him $500 for his injuries.

1. The court withdrew from the consideration of the jury an allegation of damages that a pre-existing ulcer was aggravated by the collision. This withdrawal is assigned as error.

Appellant's position is:

"Even though the doctors ...

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