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MULLINS v. ROWE ET UX

222 Or. 519 (1960)

353 P.2d 861

MULLINS v. ROWE ET UX

Supreme Court of Oregon.

Reversed with directions June 22, 1960.

Attorney(s) appearing for the Case

James B. O'Hanlon, Portland, argued the cause for appellants. With him on the brief were Mautz, Souther, Spaulding, Denecke & Kinsey and Douglas M. Thompson, Portland.

Dwight L. Schwab, Portland, argued the cause for respondent. On the brief were Hutchinson, Schwab & Burdick, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, GOODWIN and HOLMAN, Justices.

REVERSED WITH DIRECTIONS.

GOODWIN, J.

Defendants Rowe appeal from an order of the trial court setting aside a verdict and granting Plaintiff Mullins a new trial.

1. The only question is whether there was a legal reason for the trial court to grant a new trial. If there was, then his discretion in the matter will not be disturbed on appeal. If not, the order must be reversed and judgment entered on the verdict.

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