Court of Appeals of Oregon, 1979

Schulze v. Burlington Northern Inc.

Schulze v. Burlington Northern Inc.
Court of Appeals of Oregon · Decided December 3, 1979 · Schwab, Thornton, Zer
43 Or. App. 485; 603 P.2d 780; 1979 Ore. App. LEXIS 4002

Schulze v. Burlington Northern Inc.

Opinion of the Court

PER CURIAM

The only issue which warrants discussion concerns i instruction requested by defendant, but not given, uring oral argument defendant acknowledged that ie second sentence of the two-sentence instruction as ambiguous, if not misleading, and in any event ould have required modification prior to its being ¡ad to the jury. Defendant argues that it was never-eless reversible error for the trial court not to give ie first sentence. We know of no Oregon law that says at it is the duty of a trial judge to dissect a requested struction and give it after discarding defective parts.

Affirmed.

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