COLE v. MULTNOMAH COUNTY

No. 422-874; CA 8861.

592 P.2d 221 (1979)

39 Or.App. 211

Lloyd L. COLE, Appellant, v. MULTNOMAH COUNTY, Stanley S. Kerner, and Charles Cropp, Respondents.

Court of Appeals of Oregon.

Decided March 19, 1979.


Attorney(s) appearing for the Case

Bernard Jolles, Portland, argued the cause and filed the brief for appellant. With him on the brief was Franklin, Bennett, Ofelt & Jolles, P.C., Portland. On the reply brief was William B. Aitchison, Portland.

Michael A. Lehner, Portland, argued the cause for respondents. With him on the brief were Wm. H. Mitchell and Hershiser, Mitchell, Mowery & Davis, Portland.

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


SCHWAB, Chief Judge.

Plaintiff appeals from a judgment for defendants in this negligence action. The principal issues are whether contributory negligence was a proper defense on the facts of this case, and whether plaintiff was erroneously foreclosed from relying on state and county manuals concerning operation of local correctional facilities.

Plaintiff, while incarcerated at Rocky Butte Jail, was injured when he set his bedding on fire in what he alleges...

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