NELSON v. WATTERS


463 P.2d 863 (1970)

Chester O. NELSON, Appellant, v. Eugene WATTERS, Respondent.

Supreme Court of Oregon, In Banc.

Decided January 21, 1970.


Attorney(s) appearing for the Case

William H. Wiswall, Springfield, argued the cause for appellant. With him on the brief were Sanders, Lively & Wiswall, Springfield.

Paul D. Clayton, Eugene, argued the cause for respondent. With him on the brief were Luvaas, Cobb, Richards & Fraser, Eugene.


TONGUE, Justice.

This is an action for personal injuries sustained when plaintiff's car was "rear-ended" by defendant's car on River Road near Eugene, Oregon. Plaintiff appeals from a verdict and judgment for defendant.

The only assignment of error is that the trial court erred in refusing at the close of the testimony, to strike from defendant's answer the allegation that plaintiff was contributorily negligent in that he "drove his vehicle at a speed that...

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