Floyd Smith v. Kenneth Buck and Kenneth Binder

This was an action to recover damages for personal injuries due to negligence, and was based on diversity of citizenship.

On October 81,1955, as plaintiff Smith was driving his car east over a mountainous portion of Oregon State highway 26, he encountered snow and stopped on the right hand edge of the road to put chains on his tires. Defendants’ truck with trailer attached came up behind his car and attempted to pass. As it did so, moving very slowly, the trailer portion of the vehicle slid to the right and into Smith’s parked ear, pinning him against his rear left fender and causing the injuries complained of. The evidence tended to show that the trailer slid in that manner because at the place where Smith was stopped the road curved sharply to the right, and was banked for such a turn. When the truck and trailer passed at that speed there was insufficient momentum to keep the trailer in line with the truck on the snow-covered road, and it slid down the slope of the road and into Smith.

The evidence was in conflict as to how much room defendants’ truck had in which to pass. Exactly opposite Smith’s car, on the shoulder of the road, another car had stopped when snow made it also…