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Barnum v. Williams

Oregon Supreme Court

264 Or. 71, 504 P.2d 122 (1972)

Facts

On a rainy day, Lawrence Barnum (plaintiff) was driving his motorcycle uphill and rounding an extremely sharp curve to his left. Homer Williams (defendant) was driving downhill. Williams, upon seeing Barnum, and apprehensive that he may hit Barnum, applied the brakes. Nevertheless, Williams slid into Barnum. The impact happened on or near the center line on Barnum’s side of the road. Barnum sued. The trial court instructed the jury that, in considering statutory negligence (e.g., a violation of law such as crossing the center line), it had the option not to treat the violation of law as negligence if, under the circumstances, the statute should not be obeyed for safety reasons. The jury found for Williams. Barnum appealed.

Rule of Law

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Issue

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Holding and Reasoning (Denecke, J.)

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Dissent (McAllister, J.)

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