The opinion
ROSSMAN, O. J.,
specially concurring.
I concur in all of the foregoing with the exception of the two paragraphs which state and employ the
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doctrine of.
res ipsa loquitur.
I dissent from those paragraphs. The pole, which the plaintiff claims fell and injured him, stood in a public thoroughfare. The defendant, clearly, did not have the exclusive management and control of it. The facts concerning its condition were as available to the plaintiff as to the defendant.
John B. Becker,
of Portland, argued the cause for appellant. With him on the brief were Henry S. Gray and Laing, Gray & Smith, of Portland.
Frank C. Hanley,
of Portland, argued the cause and filed a brief for respondent.