
    Argued October 10,
    affirmed November 8, 1968
    SNYDER, Respondent, v. SOUTH SUBURBAN SANITARY DISTRICT, Defendant, and PHAIR, Appellant.
    
    446 P. 2d 514
    ■ Stanley G. Jones, Klamath Falls, argued the cause for appellant. With him on the brief were J. Anthony Griacomini and Richard T. Flynn, Klamath Falls.
    
      Arthur A. Beddoe, Klamath Falls, argued the cause for respondent. With him on the brief was Beddoe & Wood and Thomas D. Wood, Klamath. Falls, Oregon.
    Before Perry, Chief Justice, and McAllister, Sloan, O’Connell and Mengler, Justices.
   O’CONNELL, J.

This is an action to recover damages for personal injuries. The jury awarded plaintiff damages against defendant Ron Phair only and he appeals.

Defendant contends that the trial court should have granted his motion for a directed verdict on the ground that plaintiff was contributorily negligent as a matter of law.

We concur in the trial court’s conclusion that plaintiff was not contributorily negligent as a matter of law.

Judgment affirmed.  