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WINTERSTEEN v. SEMLER

197 Or. 601 (1952)

250 P.2d 420

255 P.2d 138

WINTERSTEEN v. SEMLER

Supreme Court of Oregon.

Reversed with instructions November 26, 1952.

Petition for rehearing denied March 25, 1953.

Attorney(s) appearing for the Case

Norman L. Easley, of Portland, argued the cause for appellant. With him on the briefs were Griffith, Phillips & Coughlin, of Portland, and Lloyd M. McCormick, of Portland.

Irving Korn, of Portland, argued the cause for respondent. On the brief were Krause, Evans & Korn, of Portland, and Elam Amstutz, of Portland.

Before BRAND, Chief Justice, and ROSSMAN, LUSK, LATOURETTE and TOOZE, Justices.

REVERSED WITH INSTRUCTIONS.

LATOURETTE, J.

This is an appeal by defendant Harry Semler, a dentist, in a malpractice case, from a judgment after verdict assessing damages against him in the sum of $75,000. At the conclusion of the taking of testimony, defendant, by timely motions, moved for a directed verdict, and, after judgment, for a judgment notwithstanding the verdict, or, in the alternative, for a new trial, on the grounds that as a matter of law the...

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