Attorney:
[173 Or. 116] Borden Wood, of Portland (McCamant, King & Wood, of Portland, and Charles W. Halderman and Frank C. Hesse, both of Astoria, on the brief), for appellant. James Arthur Powers, of Portland (Norblad & Norblad, of Astoria, on the brief) for respondent.
Judge Panel:
[173 Or. 115] Before BAILEY, Chief Justice, and BELT, ROSSMAN, LUSK, BRAND, and HAY, Justices. ROSSMAN, Justice (specially concurring). HAY, J., concurs in this specially concurring opinion.