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SMITH v. FIELDS CHEVROLET CO.

239 Or. 233 (1964)

396 P.2d 200

SMITH v. FIELDS CHEVROLET CO. ET AL

Supreme Court of Oregon.

Affirmed November 4, 1964.

Petition for rehearing denied December 15, 1964.

Attorney(s) appearing for the Case

Marvin S.W. Swire, Portland, argued the cause for appellants. On the briefs were Rosenberg & Swire and Leo Levenson, Portland.

Philip A. Levin, Portland, argued the cause for respondent. On the brief were Pozzi, Levin & Wilson and Garry Kahn, Portland.

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

AFFIRMED.

GOODWIN, J.

This is an action for damages for loss of consortium. The plaintiff alleged that the defendant corporation, by one of its salesmen, assaulted and battered her husband without provocation while ejecting him from the corporate defendant's premises. Defendants appeal from a judgment for the plaintiff.

The corporate defendant is in the business of selling new and used automobiles. The individual defendant is an employe of the corporation...

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