VIRGIL v. WALKER


572 P.2d 314 (1977)

280 Or. 607

John A. VIRGIL, Appellant, v. Woodrow WALKER, Respondent.

Supreme Court of Oregon.

Decided December 20, 1977.


Attorney(s) appearing for the Case

Milo Pope, Milton-Freewater, argued the cause for appellant. With him on the briefs was Roy Kilpatrick, Mount Vernon.

Denny Z. Zikes, Portland, argued the cause for respondent. With him on the brief were Donald G. Morrison, Hermiston, and Frank V. Langfitt III, and Fellows, McCarthy, Zikes, Kayser & Langfitt, P.C., Portland.

Before, DENECKE, C.J., and HOLMAN, HOWELL, BRYSON and LENT, JJ.


Argued and Submitted at Pendleton on October 31, 1977.

HOLMAN, Justice.

This is an action for damages for an assault and battery brought by an employee against his employer. The employer filed an answer, claiming exemption from liability under ORS 656.018. The issue of the exemption was tried to the court and resulted in the defense being sustained. Plaintiff appeals.

Because of the judgment for defendant, the facts must be viewed by this court in...

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