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COMSTOCK v. STEWART

480 P.2d 426 (1971)

Geraldine COMSTOCK, Appellant, v. Ruth S. STEWART, Respondent.

Supreme Court of Oregon, Department 2.

Decided February 10, 1971.

Attorney(s) appearing for the Case

Sidney E. Ainsworth, Ashland, argued the cause for appellant. With him on the briefs were Davis, Ainsworth & Pinnock, Ashland.

Mel Kosta, Klamath Falls, argued the cause and filed a brief for respondent.

Before O'CONNELL, C.J., and DENECKE, TONGUE and BRYSON, JJ.

DENECKE, Justice.

The jury returned a defendant's verdict in this automobile injury action and the plaintiff appeals, assigning as error the giving of one instruction.

Defendant's answer charged plaintiff was contributorily negligent in her speed. The jury could have found plaintiff's maximum speed was 50 miles per hour. Plaintiff testified she was traveling at 40 miles per hour. The scene of the collision was an...

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