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HERINCKX v. HAGEN

Nos. A7707-09522; CA 12697, A7707-09523; CA 12698.

605 P.2d 1372 (1980)

44 Or.App. 437

Florence M. HERINCKX, Respondent, v. John Paul HAGEN, Appellant (Two Cases).

Court of Appeals of Oregon.

Decided February 11, 1980.

Attorney(s) appearing for the Case

Carrell F. Bradley, Hillsboro, argued the cause for appellant. On the briefs was Larry A. Brisbee, Hillsboro.

Thomas J. Moore, Hillsboro, argued the cause for respondents. With him on the brief was Brink, Moore, Brink & Peterson, Hillsboro.

Before BUTTLER, P.J., and GILLETTE and ROBERTS, JJ.

BUTTLER, Presiding Judge.

These personal injury actions were consolidated for trial and appeal. The trial court submitted the question of contributory negligence to the jury, which found that plaintiffs' negligence contributed 25% to their injuries. On motion for new trial plaintiffs contended the issue of contributory negligence should not have been submitted and that the court erred in the giving of an instruction on defendant's negligence per se. From the...

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