Opinion

Jones v. Mitchell Bros. Truck Lines

  • 266 Or. 513
  • 511 P.2d 347
  • 1973 Ore. LEXIS 384
Court
Oregon Supreme Court
Filed
Jun 21, 1973
Status
Published
Author
Denecke
On the bench
McAllister, Denecke, O'Connell, Tongue
Cited by
17 cases

finding that a trial court correctly instructed a jury on negligence, including instructions that “conduct is not to be judged in light of hindsight”

How later courts described this case

  • finding that a trial court correctly instructed a jury on negligence, including instructions that “conduct is not to be judged in light of hindsight”
  • defendant's safety manual excluded on facts of case

Written by the judges who cited it.

The opinion

DENECKE, J.,

specially concurring.

As Mr. Justice McAllister states, at trial the plaintiff did not object to the form of “intervening cause” instruction, and, therefore, the majority does not consider whether it is in correct form.

*530 In an effort to dissuade future use of such, an instruction, I offer the opinion that the instruction is not in proper form. It incorporates terms and phrases which have been in use for years but which, in my opinion, are completely unintelligible to a jury.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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