“Contributory negligence, briefly stated, is any negligence alleged against the plaintiff which contributes as a proximate cause of the accident. * * * If it contributes in any degree as the proximate cause of the accident and injuries, that is sufficient to bar recovery on the part of the plaintiff”
How later courts described this case
- “Contributory negligence, briefly stated, is any negligence alleged against the plaintiff which contributes as a proximate cause of the accident. * * * If it contributes in any degree as the proximate cause of the accident and injuries, that is sufficient to bar recovery on the part of the plaintiff”
- “Contributory negligence ... is any negligence alleged against the plaintiff which contributes as a proximate cause of the accident.... If it contributes in any degree as the proximate cause of the accident and injuries, that is sufficient to bar recovery on the part of the plaintiff’
- motion for directed verdict asserts, as a matter of law, that evidence adduced by opposing party is not sufficient to submit issue to jury
Written by the judges who cited it.
The opinion
McALLISTER, C. J.,
specially concurring.
I wish to emphasize that in Bunch v. Davidson, 242 Or 635 , 409 P2d 910 (1966), defendant’s motion to with *595 draw Ms motion for a directed verdict was not made until after the court had ruled on the motions for a directed verdict. Since the defendant in Bunch followed the former procedure to an ultimate ruling, his argument that the procedure should he changed .was not appealing in that case.
I concur in the majority opinion.