STEPHENS v. CITY OF ST. HELENS


231 Or. 1 (1962)

371 P.2d 686

STEPHENS v. CITY OF ST. HELENS

Supreme Court of Oregon.

Reversed May 23, 1962.


Attorney(s) appearing for the Case

Charles S. Crookham, Portland, argued the cause and filed briefs for appellant.

Marshall C. Hjelte, St. Helens, argued the cause for respondent. On the brief were Hjelte & Kalberer, St. Helens.

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


REVERSED.

GOODWIN, J.

The plaintiff appeals from a judgment n.o.v. in favor of the defendants after a verdict for the plaintiff in an action for personal injuries.

The plaintiff was arrested by the defendant Hansen in the course of Hansen's duties as chief of police of the defendant city. In his handling of the plaintiff, the officer used force which the jury could have found was excessive. There was also undenied evidence that the plaintiff himself...

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