GUSTAFSON v. PAYLESS DRUG STORES NORTHWEST, INC.


525 P.2d 118 (1974)

Albertina GUSTAFSON, Respondent, v. PAYLESS DRUG STORES NORTHWEST, Incorporated, a Maryland Corporation, Appellant.

Supreme Court of Oregon.

Decided August 8, 1974.

Reargued May 10, 1974.


Attorney(s) appearing for the Case

A.B. Cummins, Jr., Salem, argued the cause for appellant. With him on the briefs were Geo. A. Rhoten and Rhoten, Rhoten & Speerstra, Salem.

Samuel R. Blair, Salem, argued the cause for respondent. With him on the brief were Ady & Blair, Salem.

Before DENECKE, P.J., and HOLMAN, TONGUE, HOWELL, BRYSON, SCHWAB and LANGTRY, JJ.


DENECKE, Justice.

The plaintiff was acquitted of a criminal charge of shoplifting. She brought this malicious prosecution action, the jury awarded her damages and the defendant, Payless Drug Stores, appeals.

The principal assignment of error is that the trial court erred in denying the defendant's motion for directed verdict. Payless urges that the trial court erred in this regard because Payless had probable cause to prosecute plaintiff. Proof of probable...

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