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BONER v. MATTHEWS

225 Or. 500 (1960)

358 P.2d 285

BONER v. MATTHEWS

Supreme Court of Oregon.

Reversed and remanded December 30, 1960.

Petition for rehearing denied January 24, 1961.

Attorney(s) appearing for the Case

Wm. E. Walsh, Coos Bay, argued the cause and filed briefs for appellant.

Otto R. Skopil, Jr., Salem, argued the cause for respondent. With him on the brief was Bruce W. Williams, Salem.

Before McALLISTER, Chief Justice, and WARNER, SLOAN, O'CONNELL and HOWELL, Justices.

REVERSED AND REMANDED.

SLOAN, J.

This was an action for personal injuries sustained by plaintiff in an automobile accident. The jury found for defendant; plaintiff appeals. The one assignment of error concerns an instruction on contributory negligence. The issue is factual and simple.

The accident in question occurred near Coos Bay. Plaintiff was riding in the front seat of a car driven by her husband. Traffic conditions caused the husband to stop...

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