Collins v. Vann

This is an appeal from a judgment for damages caused to plaintiffs, car during a collision between plaintiffs and defendant’s cars. Defendant contends that the court erred (1) in refusing to allow him to testify concerning an alleged "excited utterance” made by a passenger in plaintiff’s car, and (2) in refusing to give his requested instruction on "immediate hazard.”

The driver of plaintiff’s car proceeded south on NE 13th in Portland to a stop sign at the intersection with NE Prescott which is a through street. He stopped and waited for traffic to clear. As he was pulling across the…