ROTHROCK v. McCOLLISTER


247 Or. 545 (1967)

431 P.2d 266

ROTHROCK, Appellant, v. McCOLLISTER, Respondent.

Supreme Court of Oregon.

Affirmed September 7, 1967.


Attorney(s) appearing for the Case

Donald C. Walker, Portland, argued the cause and filed a brief for appellant.

Cleveland C. Cory, Portland, argued the cause for respondent. With him on the brief was Clarence R. Wicks, Portland.

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


AFFIRMED.

GOODWIN, J.

A pedestrian crossing a highway was injured by an automobile and brought this action against the defendant motorist. From a judgment for the defendant, the plaintiff appeals.

The assignments of error challenge the refusal of the trial court to instruct the jury upon the plaintiff's theory of "last clear chance."

The question for decision is whether the court must instruct upon an issue, and a legal theory, for which there...

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