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ROBINSON v. LEWIS

457 P.2d 483 (1969)

James H. ROBINSON, Jr., Respondent, v. Brian I. LEWIS, Appellant.

Supreme Court of Oregon En Banc.

Decided July 31, 1969.

Attorney(s) appearing for the Case

Frederic F. Roehr, Portland, argued the cause for appellant. On the brief were Vergeer, Samuels, Cavanaugh & Roehr, Portland.

Ray G. Brown, Portland, argued the cause and filed a brief for respondent.

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

McALLISTER, Justice.

Defendant appeals from a judgment for plaintiff for injuries sustained while riding in defendant's automobile.

In this court defendant contends that the trial court erred (1) in striking his affirmative defense of contributory negligence based on plaintiff's failure to use an available seat belt and (2) in instructing the jury concerning the basic rule.

Plaintiff's complaint alleged that while he was riding in defendant's automobile...

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