concurring.
I concur in the result of the majority opinion, but believe we should not temporize with our opinion in Crow v. Junior Bootshops, 241 Or 135, 404 P2d 789 (1965), but recognize that it was improperly decided and overrule it. Our long-standing rule requiring a specific exception to an instruction given to the jury should be preserved intact. A rule requiring a trial judge to scrutinize each requested instruction and to treat each one as a potential exception to the instructions given will place an intolerable burden on the trial judges. It will permit counsel to conceal potential exceptions in a sheaf of requested instructions instead of requiring him to inform the court directly, precisely and openly of his objections to the instructions which have been given in his case.
Sloper, J., concurs in this opinion.