SCHULZE v. BURLINGTON NORTHERN INC.

No. 47838; CA 13368.

603 P.2d 780 (1979)

43 Or.App. 485

Fred T. SCHULZE, Respondent, v. BURLINGTON NORTHERN INC., a Corporation, Appellant.

Court of Appeals of Oregon.

Decided December 3, 1979.


Attorney(s) appearing for the Case

Roger Hennagin, Portland, argued the cause for appellant. With him on the briefs was Delbert W. Johnson, Portland.

Burl L. Green, Portland, argued the cause for respondent. With him on the briefs was Green & Griswold, Portland.

Before SCHWAB, C.J., and THORNTON and TANZER, JJ.


PER CURIAM.

The only issue which warrants discussion concerns an instruction requested by defendant, but not given. During oral argument defendant acknowledged that the second sentence of the two-sentence instruction was ambiguous, if not misleading, and in any event would have required modification prior to its being read to the jury. Defendant argues that it was nevertheless reversible error for the trial court not to give the first sentence. We know of no Oregon...

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