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MOE v. JOLLY JOAN AND HOWSER

239 Or. 531 (1965)

399 P.2d 22

MOE v. JOLLY JOAN AND HOWSER

Supreme Court of Oregon.

Affirmed January 29, 1965.

Attorney(s) appearing for the Case

Milton C. Lankton, Portland, argued the cause for appellant. With him on the brief were Black, Kendall, Tremaine, Boothe & Higgins, Portland.

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

Before McALLISTER, Chief Justice, and PERRY, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, Justices.

AFFIRMED.

HOLMAN, J.

This is an action for damages for assault and battery. Plaintiff was a patron of a bar operated by the corporate defendant Jolly Joan through its acting manager, the defendant Howser. Plaintiff had originally charged both defendants with responsibility on three counts: negligence, wanton conduct, and assault and battery. Upon completion of plaintiff's case in chief both defendants moved for a judgment of involuntary nonsuit. It was granted...

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