Anderson v. White

This is an action to recover damages for personal injuries incurred by plaintiff in an automobile accident. Plaintiff appeals from a judgment entered pursuant to a jury verdict for defendants, contending that there was no evidence on which to base a contributory negligence instruction concerning the use of warning flares or other signal devices. We hold that there was sufficient evidence to support the instruction and affirm the trial court.

At 9 p.m. on the evening of September 16, 1970, plaintiff and a passenger, driving eastbound on Highway 20 approximately 23 miles west of Burns, Oregon,…