Kuehl v. Hamilton

The defendant argues that error was committed when the circuit court overruled his motions for a nonsuit and for a directed verdict. His contentions are predicated upon the fact that plaintiff’s vehicle, a half-ton truck, was not equipped with a rear view mirror as required by section 55-907, Oregon Code 1930. The conclusion that the absence of this item of required equipment constituted negligence per se requires no citation of authorities in this state. But before the defense of contributory negligence was complete it was necessary for the defendant to prove not only that the plaintiff was…