Fulbright v. Klamath Gas Company

TONGUE, J.,

concurring.

I concur in the result, but not in the reasoning of the majority. In my opinion, the allegations of the complaint, as well as the evidence, were sufficient to entitle plaintiff to have his case submitted to the jury on the theory that the condition of this equipment was so unsafe as to result in an ultrahazardous condition or nuisance and thus to bring this case within the rule of Wights v. Staff Jennings, 241 Or 301, 310-11, 405 P2d 624 (1965), regardless of whether or not this case is subject to the rule as stated in § 402A of the Restatement of Torts 2d.