WHEELER v. HUSTON

No. 21902; CA 10795; SC 26124.

605 P.2d 1339 (1980)

288 Or. 467

Cliff WHEELER, Respondent, v. Gerald A. HUSTON and Carl D. Huston, Petitioners.

Supreme Court of Oregon, In Banc.

Decided January 22, 1980.


Attorney(s) appearing for the Case

Edward H. Warren, Portland, argued the cause for petitioners. With him on the briefs were Lauren M. Underwood, and Acker, Underwood, Beers, Smith & Warren, Portland.

Robert L. Nash, Bend, argued the cause for respondent. With him on the brief was Panner, Johnson, Marceau, Karnopp & Kennedy, Bend.


PETERSON, Justice.

This is a personal injury negligence case in which the jury returned a verdict for the exact amount of special damages claimed. Following reinstruction by the trial court, the jury returned a verdict for a larger amount. Judgment was entered thereon. The defendants claim that the trial court erred in failing to receive the first verdict. We agree and reverse.

THE FACTS

The plaintiff, a milkman, fell while making a delivery to the...

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