Whipple v. Salvation Army

TONGUE, J.,

concurring.

I concur in the result of the majority opinion because I agree that this was a ease of assumption of risk as that term was applied in Vendrell v. Sch. Dist. 26C, Malheur Co., 233 Or 1, 18-19, 376 P2d 406 (1962), and in Franks v. Smith, 251 Or 98, 101, 444 P2d 964 (1968). I do not concur, however, with that portion of the opinion which undertakes to consider the sufficiency of the evidence offered in support of plaintiff’s various specifications of negligence. In my opinion, that evidence was sufficient to present a jury question.

McAllister, J., concurs in this opinion.