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MOORE v. ADAMS

542 P.2d 490 (1975)

Pearl MOORE, Appellant, v. Richard ADAMS and Donna Adams, Respondents.

Supreme Court of Oregon.

Decided November 20, 1975.

Attorney(s) appearing for the Case

Michael E. Clift, Portland, argued the cause and filed a brief for appellant.

Raymond J. Conboy, Portland, argued the cause for respondents. With him on the brief were Donald N. Atchison, and Pozzi, Wilson & Atchison, Portland.

Before O'CONNELL, C.J., and McALLISTER, HOLMAN, TONGUE, HOWELL, and BRYSON JJ.

BRYSON, Justice.

In this action for battery the jury returned a verdict in favor of the defendants. Seven days later plaintiff moved for a new trial on the ground that "[o]ne of defendants' witnesses communicated with members of the jury concerning the merits of the case."1

Plaintiff's affidavit in support of her motion states:

"* * * Mr. Reid [defendants' witness] was walking in the middle of the group and I heard him...

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