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COLLINS v. VANN

No. 161 377; CA No. 10735.

588 P.2d 52 (1978)

37 Or.App. 535

Patricia COLLINS, Respondent, v. Clarence VANN, Appellant.

Court of Appeals of Oregon.

Decided December 18, 1978.

Attorney(s) appearing for the Case

Jay D. Enloe, Portland, argued the cause for appellant. With him on brief was Vergeer, Roehr, & Sweek, Portland.

Mitchell Crew, Portland, argued the cause and filed brief, for respondent.

Before SCHWAB, C.J., and LEE, RICHARDSON and JOSEPH, JJ.

LEE, Judge.

This is an appeal from a judgment for damages caused to plaintiff's car during a collision between plaintiff's and defendant's cars. Defendant contends that the court erred (1) in refusing to allow him to testify concerning an alleged "excited utterance" made by a passenger in plaintiff's car, and (2) in refusing to give his requested instruction on "immediate hazard."

The driver of plaintiff's car proceeded...

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