221 Or. 615 (1960)

351 P.2d 950


Supreme Court of Oregon.

Affirmed May 11, 1960.

Attorney(s) appearing for the Case

James L. Hannam argued the cause for appellant. On the briefs were Yunker, Fewless & Hannam and Don V. Wallace, Portland.

John L. Schwabe, Portland, argued the cause for respondent. With him on the brief were Mautz, Souther, Spaulding, Denecke & Kinsey and Roland F. Banks, Portland.

Before McALLISTER, Chief Justice, and WARNER, SLOAN and DUNCAN, Justices.


DUNCAN, J. (Pro Tempore)

Appeal by plaintiff from a judgment of the circuit court of Multnomah county entered April 10, 1957, in favor of defendant pursuant to a jury verdict. The principal assignment of error rests on plaintiff's contention that because he was five years four months of age at the time of the accident, he was incapable of an act of contributory negligence and that this defense should not have been submitted to the jury. It may be...

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