# Jones v. Mitchell Bros. Truck Lines

> Oregon Supreme Court · June 21, 1973 · 266 Or. 513

URL: https://www.frixlaw.com/law-library/cases/9551155

## Case

- **Full name:** JONES, Appellant, Cross-Respondent, v. MITCHELL BROS. TRUCK LINES Al, Respondents, PURDY, Respondent, Cross-Appellant
- **Court:** Oregon Supreme Court
- **Decided:** June 21, 1973
- **Citations:** 266 Or. 513; 511 P.2d 347; 1973 Ore. LEXIS 384
- **Precedential status:** Published
- **Opinion:** Concurrence by Denecke
- **Judges:** McAllister, Denecke, O'Connell, Tongue
- **Cited by:** 17 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9551155

## How later opinions describe it (automated extraction)

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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9551155. Public record. Not legal advice.