Oregon Motor Stages v. Portland Traction Co.

This is an appeal from a judgment after verdict in favor of the defendant arising out of a collision of the buses of the parties at the intersection of S. W. 5th avenue and Madison street in Portland. The plaintiff assigns as error the giving by the court of the following instruction:

“The verbal testimony of witnesses which appears to you to be contrary to physical facts in*18volved in the case should be received by you with caution and perhaps even with disbelief. Witnesses may be mistaken in their observations or in their recollections, or they may unintentionally or even deliberately fail to…