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STROUD v. DENNY'S RESTAURANT, INC.

532 P.2d 790 (1975)

Malcolm Douglas STROUD, Respondent, v. DENNY'S RESTAURANT, INC., a New Jersey Corporation, Appellant.

Supreme Court of Oregon, In Banc.

Decided March 13, 1975.

Attorney(s) appearing for the Case

Ralph C. Barker, of Buss, Leichner, Lindstedt, Barker & Buono, Portland, argued the cause and filed briefs for appellant.

Charles E. Hodges, Jr., Portland, argued the cause and filed a brief for respondent.

HOWELL, Justice.

This is an action by plaintiff for malicious prosecution. A jury returned a verdict for plaintiff for general and punitive damages, and defendant appeals. The only issue is whether the trial court erred in refusing to withdraw punitive damages from the jury's consideration.

Plaintiff, his wife, and two friends went to defendant's restaurant to have an early morning breakfast. Plaintiff ordered sausage, eggs, hash browns and toast. The menu...

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