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HUMBIRD v. McCLENDON

573 P.2d 1240 (1978)

281 Or. 83

Dennis HUMBIRD and Ronda Humbird, Respondents, v. Dianne McClendon, Defendant, Dennis Mathews and Vernell Mathews, Husband and Wife, Appellants.

Supreme Court of Oregon, Department No. 1.

Decided January 24, 1978.

Attorney(s) appearing for the Case

Adelbert G. Clostermann, Portland, argued the cause and filed a brief for appellants.

William G. Whitney, Portland, argued the cause and filed a brief for respondents.

Before HOLMAN, P.J., HOWELL and LENT, JJ., and GILLETTE, J. Pro Tem.

GILLETTE, Justice Pro Tem.

Plaintiffs brought this action for assault and battery against defendants Mathews for injuries suffered in an inter-family altercation.1

A unanimous jury awarded plaintiffs special, general and punitive damages. Defendants appeal from the resulting judgment, assigning as error the trial court's (1) denial of their motion for involuntary nonsuit, (2) refusal to give certain instructions, and (3) refusal...

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