Marshall v. Mullin

Plaintiff’s decedent died as the result of a collision of the motorcycle which he was operating with an automobile driven by the defendant. Both vehicles were proceeding northerly on old highway No. 99 a few miles south of Roseburg. The collision occurred when the automobile driven by the defendant made a left turn at a point where Austin Road enters old highway No. 99, and at a time when the deceased was attempting to overtake and pass the automobile driven by the defendant.

Plaintiff alleged and introduced evidence to show defendant was negligent (1) in failing to keep a lookout, (2) in…