FABISH v. MONTGOMERY WARD AND COMPANY


553 P.2d 1057 (1976)

276 Or. 29

FABISH, Respondent, v. MONTGOMERY WARD AND COMPANY, Appellant.

Supreme Court of Oregon, In Banc.

Decided September 3, 1976.


Attorney(s) appearing for the Case

H. Kenneth Zenger, of Zenger and Huffman, Hillsboro, argued the cause and filed a brief for appellant.

R. Ryan Lawrence, Portland, argued the cause and filed a brief for respondent.


DENECKE, Chief Justice.

The plaintiff received a jury verdict in this false imprisonment case and the defendant store appeals. The initial issue concerns instructions given and requested relating to "reasonable cause."

The store's employe testified she saw the plaintiff take a book off the shelf and walk out with it without paying for it. The plaintiff testified he had purchased the book earlier at another store and brought the book with him into defendant...

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