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LEWIS v. MERRILL

228 Or. 541 (1961)

365 P.2d 1052

LEWIS v. MERRILL

Supreme Court of Oregon.

Reversed and remanded October 25, 1961.

Attorney(s) appearing for the Case

Gerald H. Robinson, Portland, argued the cause for appellant. With him on the brief was Stephen King.

Ben T. Gray, Portland, argued the cause and filed a brief for respondent.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY and LUSK, Justices.

REVERSED AND REMANDED.

LUSK, J.

The plaintiff brought an action against the defendant to recover damages for assault and battery. The defendant filed a counterclaim based on the same incident as that alleged in the complaint charging that the tort was committed against him and seeking damages for his injuries. The plaintiff in his reply alleged that the counterclaim was barred by the statute of limitations. To this reply the defendant filed a demurrer which...

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