specially concurring.
I hold the views expressed in the dissenting opinions of Mr. Justice O’Cohnell and me in McConnell v. Herron, 240 Or 486, 402 P2d 726 (1965), and Dimick v. Linnell, 240 Or 509, 402 P2d 734 (1965). However, the majority of the court has not accepted such views and, therefore, in deference to the majority, I concur.