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MACK v. BARNEY

No. 2 CA-CIV 3365.

125 Ariz. 5 (1979)

606 P.2d 823

Christopher MACK, Plaintiff/Appellee, v. Jerry BARNEY, Rex Barney and Gayle Barney, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied January 23, 1980.

Review Denied February 13, 1980.

Attorney(s) appearing for the Case

Richardson & Mortensen by Wilford R. Richardson, Safford, for plaintiff/appellee.

Jennings, Strouss & Salmon by Jack E. McCall, Phoenix, for defendants/appellants.

OPINION

RICHMOND, Chief Judge.

Defendants appeal from an order granting plaintiff a new trial following a defense verdict on the ground that the jury should not have been instructed on assumption of risk. The order is affirmed.

The evidence viewed in the light most favorable to the giving of the assumption of risk instruction, McGriff v. McGriff, 114 Ariz. 323, 560 P.2d 1230

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