Dodson v. Lemon
Jurisdiction | Oregon |
Parties | DODSON v. LEMON. |
Citation | 197 Or. 444,253 P.2d 900 |
Court | Oregon Supreme Court |
Decision Date | 26 February 1953 |
Duane Vergeer, Portland, for appellant. On the brief were Vergeer & Samuels, Portland.
Edward L. Clark, Jr., McMinnville, for respondent. With him on the brief were Butler, Jack & Beckett, Oregon City, and Marsh, Marsh & Dashney, McMinnville.
Before LATOURETTE, C. J., and WARNER, ROSSMAN, LUSK and PERRY, JJ.
This is an action for damages for personal injuries arising out of a collision of automobiles. Plaintiff prevailed and the defendant appeals.
On August 1, 1950, at about 8 o'clock p. m., the plaintiff was riding as a passenger in a 1937 Chevrolet pick-up driven by her husband. The pick-up was traveling in a westerly direction on a street in Willamina, and, as the pick-up was proceeding along the street, a large truck with a tandem trailer, going in the same direction, passed the pick-up at an excessive rate of speed.
The defendant, who was at the time of the accident acting as a special police officer for the city, had parked his automobile, which the city had equipped with a siren, in the driveway of a filling station on the south side of this street. The defendant, without sounding his siren, pulled away from the filling station driveway to follow and intercept the large truck and trailer, and, in so doing, drove into and across the street and collided with the pick-up in which the plaintiff was riding.
The defendant claims that the court erred in giving certain instructions and refusing to give requested instructions of the defendant which set out the defendant's theory of the case to the effect that the defendant was at the time of the accident an officer operating an emergency vehicle.
The general rule is:
Buck v. Ice Delivery Co., 146 Or. 132, 138, 29 P.2d 523, 525.
However, subsequent to the above decision, the legislature defined an 'Authorized emergency vehicle', as follows:
§ 115-301, O.C.L.A., § 1, ch. 279, Oregon Laws 1947.
And as to rights of way and speed, the legislature further provided as follows:
§ 115-338, O.C.L.A., § 1, ch. 301, Oregon Laws 1949.
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...that it is the duty of every person in our society to use reasonable care to avoid damage to himself or to others. See Dodson v. Lemon, 197 Or. 444, 253 P.2d 900 (1953).4 See United States v. Hutchins, 268 F.2d 69 (6th Cir.1959); Schatz v. Cutler, 395 F.Supp. 271 (D.Vt.1975) (applying Vermo......
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