HAYS v. HERMAN


213 Or. 140 (1958)

322 P.2d 119

HAYS v. HERMAN

Supreme Court of Oregon.

Affirmed February 28, 1958.

Petition for rehearing denied March 26, 1958.


Attorney(s) appearing for the Case

Herbert M. Schwab argued the cause for appellant. On the briefs were Dusenbery, Teiser, Martin, Schwab and Beatty, Portland.

Bruce Spaulding argued the cause for respondent. On the brief were Mautz, Souther, Spaulding, Denecke & Kinsey, and James B. O'Hanlon, Portland.

Before LUSK, Presiding, and WARNER and KESTER, Justices.


AFFIRMED.

KESTER, J.

This is an action for damages for personal injuries arising out of an automobile collision. The jury returned a verdict for the defendant, upon which judgment was entered. Plaintiff thereupon filed a motion for judgment notwithstanding the verdict or in the alternative for a new trial. The trial court denied the judgment n.o.v., but granted a new trial. In doing so, the trial judge not only acted upon plaintiff's motion, but he also stated...

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