Palmer v. MURDOCK

This is an action for personal injuries and property damages resulting from a collision between plaintiff’s automobile and defendants’ truck. Plaintiff appeals from a judgment of involuntary nonsuit entered after plaintiff had made his opening statement and before he had introduced any evidence.

The collision occurred at the intersection of Fifth avenue and Lincoln street in Eugene, Oregon. Plaintiff’s complaint alleged various specifications of negligence on the part of defendant and further alleged that defendant had the last clear chance to avoid the injury. In his opening statement counsel…