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TAYLOR v. BERGERON

449 P.2d 147 (1969)

Gary TAYLOR, a Minor, by Alfred Taylor, As Guardian Ad Litem, Appellant, v. Raymond BERGERON and Mary Bergeron, Husband and Wife, and James Bergeron, Respondents.

Supreme Court of Oregon. In Banc.

Reargued December 2, 1968.

Decided January 15, 1969.

Attorney(s) appearing for the Case

Burton J. Fallgren, Portland, argued and reargued the cause and filed a brief for appellant.

James F. Spiekerman, Portland, argued and reargued the cause for respondents. With him on the brief were Gordon Moore and Mautz, Souther, Spaulding, Kinsey & Williamson, Portland.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

Argued before Department 1 and Submitted September 6, 1968.

GOODWIN, Justice.

Plaintiff, a child who was injured by an automobile, appeals from a judgment for the defendant entered pursuant to a jury verdict. The assignments of error all challenge the submission to the jury of the issue of contributory negligence.

At the time of the accident in question, the plaintiff was five years, nine months, and ten days...

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