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MOE v. JOLLY JOAN

239 Or. 537 (1965)

399 P.2d 25

MOE v. JOLLY JOAN ET AL

Supreme Court of Oregon.

Reversed and remanded January 29, 1965.

Attorney(s) appearing for the Case

Philip A. Levin, Portland, argued the cause for appellant. On the brief were Pozzi, Levin & Wilson, Portland.

James F. Spiekerman, Portland, argued the cause for respondents. On the brief were Milton C. Lankton, Gordon Moore, and Donald W. McEwen, Portland.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, Justices.

REVERSED AND REMANDED.

HOLMAN, J.

This is an action for damages for personal injuries against Jolly Joan, a corporation, and Theron R. Howser, Jr., defendants. Plaintiff charged defendants with responsibility in three counts, one for negligence, one for wanton conduct, and one for assault and battery. At the conclusion of plaintiff's case in chief the court granted an involuntary nonsuit as to the defendant Jolly Joan. The case then continued against the defendant...

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