# Powell v. Moore

> Oregon Supreme Court · September 20, 1961 · 228 Or. 255

URL: https://www.frixlaw.com/law-library/cases/9539749

## Case

- **Full name:** Powell v. Moore
- **Court:** Oregon Supreme Court
- **Decided:** September 20, 1961
- **Citations:** 228 Or. 255; 364 P.2d 1094; 1961 Ore. LEXIS 381
- **Precedential status:** Published
- **Opinion:** Concurrence by Ossman
- **Judges:** Ossman, McAllister, Rossman, Perry, Sloan, O'Connell, Goodwin, Lusk
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9539749

## Opinion text

R.OSSMAN, J.,
specially concurring.
The defendant placed a pad under the end of the ramp that rested upon the recently painted floor of the porch. The ramp definitely sloped downward from the tail end of the truck to this pad. As the men stepped from the body of the truck onto the ramp and down the latter they inevitably gave the ramp an impulse or spur to skid upon the pad and away from the tailgate. The ramp was not fastened to the truck so as to prevent it from moving therefrom. The plaintiff’s son directed the attention of the defendant’s driver to this situation. The latter could readily warrant the jury in inferring that the *272 defendant was negligent. The doctrine of res ipsa loqnitnr does nothing more than authorize an inference of negligence from circumstantial evidence in some cases. Dunning v. Northwestern Electric Company, 186 Or 379 , 199 P2d 648 . The doctrine could do nothing more than the reason of the jury apparently did from the facts just stated. It was unnecessary to employ that rule in this case, hut its employment can not he deemed prejudicial to the defendant.
I concur.
McAllister, C.J., joins in this opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9539749. Public record. Not legal advice.