Palmer v. Van Petten Lumber Co.

I dissent because I am convinced that both the result reached by the majority and the reasoning adopted by it in reaching that result are contrary to the requirements of Article VII, § 3 of the Oregon Constitution and because the rules of law adopted by the majority seriously erode, if not undermine to the point of destruction, three long-established rules of fundamental importance:

1. The rule that in an automobile accident case *361■in which a car owned by the defendant was being driven by a third person, the plaintiff is entitled to the benefit of a possible inference by the jury that the…