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VAN LOM v. SCHNEIDERMAN

187 Or. 89 (1949)

210 P.2d 461

VAN LOM, A MINOR, v. SCHNEIDERMAN

Supreme Court of Oregon.

Affirmed September 27, 1949.

Attorney(s) appearing for the Case

Hugh L. Biggs, of Portland, argued the cause for Appellant. With him on the brief were Manley Strayer, George H. Fraser, Hart, Spencer, McCulloch & Rockwood, and James Cole, of Portland.

Elton Watkins, of Portland, argued the cause and filed a brief for Respondent.

E.K. Oppenheimer, of Portland, amicus curiae, made an oral argument and filed a brief.

B.A. Green, of Portland, amicus curiae, made an oral argument. With him on the brief were William M. Dale, Jr., Burl L. Green, Donald S. Richardson, Thomas H. Tongue, III, William M. Davis, Nels Peterson, Edwin D. Hicks and James Landye, of Portland.

Before LUSK, Chief Justice, and BRAND, ROSSMAN, BAILEY, HAY and PAGE, Justices.

LUSK, C.J.

The plaintiff sued for assault and battery and false imprisonment. At the trial the cause of action based on false imprisonment was withdrawn by the court from the consideration of the jury and the trial proceeded on the charge of assault and battery alone. For that wrong the plaintiff demanded $5,000.00 compensatory damages and $5,000.00 punitive damages. The jury returned a verdict for the full amount asked. From...

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