Hale v. Smith

The plaintiff received wounds when he was shot by the defendant Smith, an officer on the police force of the defendant city, Coos Bay. In a damage action the plaintiff recovered a verdict against both defendants and they appeal. This all occurred before the Oregon Tort Claims Act, ORS 30.260 et seq., was effective.

One 'Whitman, a mentally deranged person, climbed into the cab of plaintiff’s log truck and forced plaintiff, at gunpoint, to drive him through Coos Bay. The defendant Smith pursued the truck and plaintiff was shot in the chase.

The defendants contend that the trial court erred in…