BRITTON v. FROST


578 P.2d 1241 (1978)

282 Or. 355

Katy BRITTON, by Guardian Ad Litem, James Britton, Appellant, v. Paul FROST, Luette Frost, and Gary Frost, Respondents.

Supreme Court of Oregon, Department Two.

Argued and Submitted April 5, 1978.


Attorney(s) appearing for the Case

Timothy J. Harold, Springfield, argued the cause for appellant. With him on the briefs were Joseph J. Leahy, Harms, Harold & Leahy, Springfield.

Randall Bryson, Eugene, argued the cause for respondents. On the brief were Richard Bryson, Bryson & Bryson, Calkins & Calkins, Eugene.

Before DENECKE, C.J., TONGUE and LINDE, JJ., and JOSEPH, J. Pro Tem.


LINDE, Justice.

Plaintiff appeals from a judgment on a jury verdict awarding her $119.03 in special damages and $100 in general damages for injuries from being bitten by defendants' dog. Plaintiff assigns as error that the trial court struck from the complaint certain allegations concerning the viciousness of the dog and instructed plaintiff's counsel not to comment thereon after defendants admitted their liability.

The allegations, which we quote in the margin...

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