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SOFICH v. HILL

560 P.2d 633 (1977)

277 Or. 327

Michael Gene SOFICH, Respondent, v. Rollin Eugene HILL, Appellant.

Supreme Court of Oregon, Department Two.

Decided February 25, 1977.

Attorney(s) appearing for the Case

James H. Gidley, Portland, argued the cause for appellant. With him on the briefs were Cosgrave & Kester, Portland.

Alan R. Jack, Oregon City, argued the cause for respondent. With him on the brief were Raymond R. Bagley, Jr., and Jack, Goodwin & Urbigkeit, Oregon City.

Before DENECKE, C.J., and BRYSON, LINDE and MENGLER, JJ.

MENGLER, Justice, Pro Tem.

This is an appeal from a judgment for the plaintiff in an action to recover damages for personal injury arising out of an automobile collision.

The court failed to give two instructions requested by the defendant. The first was based on the provisions of former ORS 483.642, and read as follows:

"I instruct you that under Oregon law a blood alcohol percentage of .10 percent by weight supports a disputable presumption that...

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