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MOUNTS v. KNODEL

84-0956; CA A36834.

730 P.2d 594 (1986)

83 Or.App. 90

Dennis MOUNTS, Respondent, v. Larry KNODEL, Appellant.

Court of Appeals of Oregon.

Decided December 17, 1986.

Attorney(s) appearing for the Case

L.E. Ashcroft, Salem, argued the cause, for appellant. On brief were Sam F. Speerstra, Salem, Frank O. Diarmit, Salem, and Rhoten, Rhoten, Speerstra, Rinehart & Ashcroft, Salem.

Thomas M. Christ, Eugene, argued the cause, for respondent. With him on brief were Louis L. Kurtz, Eugene, and Luvaas, Cobb, Richards & Fraser, P.C., Eugene.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

VAN HOOMISSEN, Judge.

This is a civil action for damages for personal injury. The jury returned a verdict in favor of plaintiff. Defendant contends that the trial court erred in excluding evidence of plaintiff's intoxication, in instructing the jury and in striking his allegation of contributory negligence and his affirmative defense that there were "particular and inherent" risks involved in riding a horse. We affirm.

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