Maneff v. Lamer

Plaintiff brought this action against the defendants, George Lamer and Wesley Lamer, to recover damages for an injury sustained by Mm when hit by an automobile driven by and under the control of said defendants while plaintiff was walking in a pedestrian crossing on Salmon street at its intersection with Third street in the city of Portland.

Pending the action and before trial, George Lamer died and the action was dismissed as to him and proceeded to trial as to the other defendant. At the close of the trial, the court refused to give the following instruction requested by the plaintiff:

“I…