The sole assignment of error concerns the giving of n instruction which the plaintiff contends was er-oneous. Assuming for the sake of argument that the istruction was not a correct statement of law, and hat error was preserved by a proper objection and ansidering the challenged instruction in the context f the instructions as a whole, we nevertheless affirm. Or Const, Amended Art VII, § 3; ORS 19.125(2).

Affirmed.