HALE v. SMITH


460 P.2d 351 (1969)

Samuel J. HALE, Jr., Respondent, v. George SMITH and the City of Coos Bay, Oregon, a Municipal Corporation, Appellants.

Supreme Court of Oregon, In Banc.

Decided October 22, 1969.


Attorney(s) appearing for the Case

Lynne W. McNutt, Coos Bay, argued the cause for appellants. With him on the brief were McNutt, Gant & Ormsbee, Coos Bay.

Arthur C. Johnson, Eugene, argued the cause for respondent. On the brief were Johnson, Johnson & Harrang and Leslie M. Swanson, Jr., and James W. Korth, Eugene.


DENECKE, Justice.

The plaintiff received wounds when he was shot by the defendant Smith, an officer on the police force of the defendant city, Coos Bay. In a damage action the plaintiff recovered a verdict against both defendants and they appeal. This all occurred before the Oregon Tort Claims Act, ORS 30.260 et seq., was effective.

One Whitman, a mentally deranged person, climbed into the cab of plaintiff's log truck and forced plaintiff, at gunpoint, to...

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