Harrington v. Portland Traction Co.

Since both vehicles had the right to the use of the streets, it was the duty of the defendant company in the operation of its street car to use ordi nary care to avoid a collision with the automobile. McKeag v. Portland Electric Power Company, 128 Or. 614, 619, 275 P. 667. In that case (which involved a collision with an automobile which had stalled on the track in front of the defendant’s car), the court quoted with approval the following from 25 R.C.L., Street Railways, 1251, § 113:

“It is the duty of the motorman to keep a lookout for vehicles on the track, and to give timely warning of the…