Legal Opinion · Dissent

Tokstad v. Lund

Oregon Supreme Court

Decided March 18, 1970Published

1DissentPerry, C. J.

I cannot agree that the trial court was in error when he instructed the jury on the statutory duty of the driver of a disabled vehicle to set out warning signals in front and to the rear of the disabled vehicle.

*312The statute was enacted as a safety measure to protect all persons traveling the highway and without question the plaintiff fell within the ambit of its protection.

The reach of the statute is to give a warning of danger so that all persons traveling the highway will conduct themselves as reasonably prudent persons with knowledge that they are entering a zone of danger to themselves or…

2Cases cited12 opinions

  1. Morrison v. CaliforniaSupreme Court of the United States · 1934
  2. McFarland v. American Sugar Refining Co.Supreme Court of the United States · 1916
  3. James-Dickinson Farm Mortgage Co. v. HarrySupreme Court of the United States · 1927
  4. Eckleberry v. Kaiser Foundation Northern HospitalsOregon Supreme Court · 1961
  5. Knapp v. Standard Oil Co.Oregon Supreme Court · 1937

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