ECCLES v. HOY


482 P.2d 720 (1971)

David ECCLES, Appellant, v. Solomon HOY, Respondent.

Supreme Court of Oregon, In Banc.

Decided March 31, 1971.

Rehearing Denied April 27, 1971.


Attorney(s) appearing for the Case

James Arthur Powers, Portland, argued the cause and filed briefs for appellant.

Duane Vergeer, Portland, argued the cause for respondent. On the brief were Vergeer, Samuels, Roehr & Sweek, and Frederic P. Roehr, Portland.


TONGUE, Justice.

This is an action to recover damages for personal injuries resulting from a head-on automobile accident on a three-lane highway. Each party contended that the other was in the wrong lane. Plaintiff appeals from a verdict and judgment in favor of defendant.

All of plaintiff's three assignments of error involve instructions to the jury. The first assignment is that the trial court erred in failing to instruct the jury that "a finding cannot...

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