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LINKHART v. SAVELY

190 Or. 484 (1951)

227 P.2d 187

LINKHART v. SAVELY

Supreme Court of Oregon.

Reversed and remanded January 24, 1951.

Attorney(s) appearing for the Case

Blaine Hallock, of Baker, argued the cause for appellant. On the brief were Hallock, Donald, Banta & Silven, of Baker.

Austin Dunn, of Baker, argued the cause for respondent. On the brief were Dunn & Jackson, of Baker.

Before LUSK, Chief Justice, and BRAND, ROSSMAN, HAY and WARNER, Justices.

REVERSED AND REMANDED.

[190 Or. 488]
BRAND, C.J.

This is an action for assault and battery in which the plaintiff Linkhart seeks compensatory and punitive damages from the defendant Savely. It is alleged that the defendant maliciously, without warning, and while plaintiff's back was turned, struck the plaintiff with a metal chair, causing serious injuries. The answer alleges that the plaintiff is a powerful, turbulent and dangerous...

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