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RICH v. COOPER

234 Or. 300 (1963)

380 P.2d 613

RICH v. COOPER

Supreme Court of Oregon.

Affirmed April 10, 1963.

Petition for rehearing denied May 21, 1963.

Attorney(s) appearing for the Case

Charles A. Phipps, The Dalles, argued the cause for appellant. With him on the briefs were Phipps, Phipps & Dunn.

Thomas H. Tongue, Portland, argued the cause for respondent. With him on the brief were William M. Dale, Jr., Charles J. Strader and Hicks, Davis, Tongue & Dale, Portland.

Before McALLISTER, Chief Justice, and PERRY, O'CONNELL, GOODWIN and LUSK, Justices.

AFFIRMED.

O'CONNELL, J.

This is an action for assault and battery alleged to have been committed by defendant, a police officer, in arresting plaintiff. The jury returned a verdict for defendant. Judgment was entered on the verdict. Upon plaintiff's motion the trial court granted a new trial on the ground that the court erred in instructing the jury that plaintiff's character, reputation and habit for turbulence and aggressiveness could be considered

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