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BOWDEN v. TEXAS PAC. LMBR. CO.

No. 77 2403 L 1; CA 12972.

601 P.2d 841 (1979)

42 Or.App. 711

Anna M. BOWDEN, Respondent, v. TEXAS PACIFIC LUMBER COMPANY, an Oregon Corporation, Appellant.

Court of Appeals of Oregon.

Decided October 22, 1979.

Attorney(s) appearing for the Case

Patrick Ford, Medford, argued the cause for appellant. With him on the brief was Ford & Cowling, Medford.

Randolph Slocum, Roseburg, argued the cause for respondent. With him on the brief was Slocum & Hill, Roseburg.

Before JOSEPH, P.J., and LEE and RICHARDSON, JJ.

RICHARDSON, Judge.

This is an action seeking damages for personal injuries suffered in a motor vehicle accident. The matter was tried before a jury. The jury instructions included the following emergency instruction, to which plaintiff took exception:

"I instruct you that a person who is suddenly placed in a position of peril, through no negligence of his own, and compelled to act without opportunity for reflection, is not guilty of negligence if he makes...

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