Miller v. Harder

PERRY, J.,

specially concurring.

I concur in the result reached by the majority as I am of the opinion that questions of fact were raised by the evidence which should be determined by the jury. However, I do not agree with the reasoning of the majority.

As stated by the majority, the plaintiff was riding in an automobile proceeding along Grand Avenue in Portland. The defendant David Masson was following in his motor vehicle and struck the vehicle in which *422plaintiff was riding. The facts of this occurrence were 'Stated by the defendant as follows :

“Q Tell us what happened, Mr Masson.

“A We come…