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FISCHER v. HOWARD

201 Or. 426 (1954)

271 P.2d 1059

FISCHER v. HOWARD

Supreme Court of Oregon.

Reargued March 17, 1954.

Reversed June 17, 1954.

Attorney(s) appearing for the Case

William Schroeder, of Vale, and Roy Kilpatrick, of Canyon City, argued the cause for appellant. On the brief were Lytle, Kilpatrick & Schroeder, of Vale.

Martin P. Gallagher argued the cause for respondent. On the brief were Gallagher & Gallagher, of Ontario.

REVERSED.

ROSSMAN, J.

This is an appeal by the defendant from an order of the circuit court which sustained a motion made by the plaintiff for a new trial. The action in which the challenged order was made was based upon two charges of assault and battery. The complaint (amended) averred that the defendant, on June 23, 1950, and again on July 29, 1950, assaulted and beat the plaintiff. For the purported assault of June 23 the plaintiff sought $100 special...

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