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DOWELL v. MOSSBERG

226 Or. 173 (1961)

355 P.2d 624

359 P.2d 541

DOWELL v. MOSSBERG

Supreme Court of Oregon.

Argued on rehearing February 15, 1961.

Affirmed September 21, 1960.

Reversed; former opinion withdrawn February 21, 1961.

Attorney(s) appearing for the Case

Howard K. Beebe, Portland, argued the cause for appellant. With him on the briefs were Maguire, Shields, Morrison, Bailey & Kester, Portland.

Don S. Willner, Portland, argued the cause for respondent. With him on the brief were Lenon & Willner, Portland.

Before McALLISTER, Chief Justice, and WARNER, O'CONNELL, GOODWIN and MILLARD, Justices.

AFFIRMED.

GOODWIN, J.

Paul Mossberg, who is a licensed chiropractor, appeals from a judgment for Beulah Dowell, the plaintiff, following a jury trial in a malpractice action.

In April, 1954, the plaintiff heard a radio commercial inviting the public to The Basic Health Center, operated by the defendant. The establishment employed other chiropractors, numerous "interns", "trainees" and "nurses" as well as other functionaries incident to the operation...

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