BUTLER v. WILHELM


238 Or. 487 (1964)

395 P.2d 447

BUTLER v. WILHELM

Supreme Court of Oregon.

Affirmed September 23, 1964.


Attorney(s) appearing for the Case

Duane Vergeer, Portland, argued the cause for appellant. With him on the brief were Vergeer & Samuels and Frederic P. Roehr, Portland.

Philip A. Levin, Portland, argued the cause for respondent. With him on the brief were Pozzi, Levin & Wilson, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN, O'CONNELL, GOODWIN and DENECKE, Justices.


AFFIRMED.

SLOAN, J.

Plaintiff, in this case, was awarded a verdict and judgment for injuries he sustained in a rear-end collision. Defendant appeals.

The first assignment claims error because the court instructed that the driver of a motor vehicle shall not follow more closely than is reasonable and prudent under the circumstances existing as required by ORS 483.312. Defendant claims that there was no evidence which justified the instruction.

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