SMITH v. DURANT


534 P.2d 955 (1975)

Gary Arthur SMITH, Appellant, v. Eric Gerald DURANT, Respondent.

Supreme Court of Oregon, In Banc.

Decided April 1, 1975.


Attorney(s) appearing for the Case

James J. Damis, Portland, argued the cause and filed the briefs for appellant.

Walter J. Cosgrave, Portland, argued the cause for respondent. With him on the brief were Cosgrave & Kester, Portland.


TONGUE, Justice.

This is an action for damages for personal injuries sustained in an automobile accident involving a collision between plaintiff's car and defendant's car on a two-lane road. The case was tried before a jury, which returned a verdict in favor of defendant. Plaintiff appeals.

At the beginning of the trial defendant's attorney conceded that defendant was negligent, but contended that plaintiff's recovery was barred by his contributory negligence...

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