GRECO v. TEHAN


475 P.2d 63 (1970)

Alphonso H. GRECO, Respondent, v. John E. TEHAN, Appellant.

Supreme Court of Oregon, Department 1.

Decided October 7, 1970.


Attorney(s) appearing for the Case

George A. Haslett, Jr., Portland, argued the cause and filed a brief for appellant.

Thomas D. Kerrigan, Portland, argued the cause and filed a brief for respondent.

Before O'CONNELL, C.J., and McALLISTER, HOLMAN and TONGUE, JJ.


TONGUE, Justice.

This is an action for assault and battery arising from an altercation in the restaurant of a Portland hotel. Defendant appeals from a judgment for plaintiff in the sum of $4,000 general damages and $5,000 punitive damages.

Defendant's principal contention on appeal is that the trial court abused its discretion in permitting plaintiff to reopen his case after the defendant and his witnesses had testified, by calling a further witness who defendant...

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