Rice v. City of Portland

On Rehearing

(17 P. (2d) 562)

BELT, J.

This is an action to recover damages for personal injuries alleged to have been sustained by reason of the joint negligence of the defendants City of Portland and the MacMarr Stores, Inc. It arose out of the following facts which are, in view of motion for directed verdict, stated in the light most favorable to plaintiff:

On November 21, 1929, at about 5 o’clock p. m., a city truck used by the bureau of water works for emergency repair work was proceeding north on East Third street. The passengers on this car consisted of three members of the emergency…