Payne v. McDonald

(Pro Tempore)

This is a personal injury action, based upon negligence, brought by a sixteen-year-old boy, by and through his father as guardian ad litem, for injuries sustained as a result of collision with a motor vehicle being operated by defendant. The jury made a special finding that defendant was not negligent and returned a verdict for defendant. Plaintiff appeals.

The accident occurred at about dusk on November 21, 1972, on the west sidewalk which runs parallel to the 5200 block of SE 17th Avenue, in Portland, Oregon. Plaintiff was attempting to compression start his motorcycle and was…