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KREY v. SARAH LAND CO.

470 P.2d 154 (1970)

Lillian KREY, Appellant, v. SARAH LAND CO., a Co-Partnership Consisting of John E. Soreng, Donald R. Furtick and James H. Weaver, Respondent.

Supreme Court of Oregon, In Banc.

Decided June 10, 1970.

Attorney(s) appearing for the Case

Wayne G. Helikson, Eugene, argued the cause and filed briefs for appellant.

Sidney E. Thwing, Eugene, argued the cause for respondent. With him on the brief were Thwing, Atherly & Butler, Eugene.

PER CURIAM.

Plaintiff appeals from an adverse judgment in her action of ejectment claiming the court erred in failing to submit the issue of punitive damages to the jury and for failing to order a new trial. The issue of punitive damage is moot because the jury refused to allow compensatory damages. See Martin v. Cambas, 1930, 134 Or. 257, 261, 293 P. 601, and Hodel, Exemplary Damages in Oregon, 1965, 44 Or.L.Rev. 175, at 229. The failure to grant a motion for a new...

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