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DAVIDSEN v. KIRKLAND

No. 53.

362 P.2d 1068 (1961)

Carl O. DAVIDSEN, Appellant, v. Bud KIRKLAND, the Pines Corporation, a corporation, and the Hitchin' Post, Inc., a corporation, Appellees.

Supreme Court of Alaska.

Rehearing Denied July 7, 1961.

Attorney(s) appearing for the Case

James K. Tallman, Bell, Sanders & Tallman, Anchorage, for appellant.

Neil S. Mackay, Wendell P. Kay, Anchorage, for appellees.

Before NESBETT, C.J., and DIMOND and AREND, JJ.

DIMOND, Justice.

This was an action for damages based upon an alleged assault and battery. The trial court instructed the jury on contributory negligence. The main questions to determine on this appeal are whether contributory negligence was a defense to the action, and if not, whether giving the instruction was reversible error.

One evening Carl Davidsen cashed a $50 check at the Hitchin' Post, a saloon, in order to pay for drinks. Some time later he went...

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