Henthorne v. Hopwood

*342ON REHEARING

*343Jack, Goodwin & Santos, Oregon City, and Philip A. Levin, Portland, for the petition. Hibbard, Jacobs & Caldwell and Harold Uney, Oregon City, contra. Before McAllister, Chief Justice, and Lusk, Perry, O’Connell and Crawford, Justices. LUSK, J.

The case is before the court on a petition for rehearing, and we deem it advisable to give a more detailed statement of the evidence than in our former opinion.

The accident occurred in Oregon City on October 10, 1955, at about 5:45 p.m. It was “fairly dark”, dark enough for automobiles to be driven with their lights on, and it was raining.…