Farquar v. City of Roseburg

This was an action to recover damages for injuries sustained by the plaintiff on account of an excavation, which the defendant suffered to remain open without proper protection, etc., and of which it had timely notice, etc. The answer denied all the allegations of the complaint and alleged separately: ‘ ‘ That whatever injuries plaintiff sustained at said time, if any, were caused by the negligence and carelessness and fault of the plaintiff himself, in carelessly and negligently driving down the bank of the South Umpqua river, situate in Douglas county, Ore gon.” The reply put in issue this,…