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O'BRIEN v. EUGENE CHEMICAL

Nos. A25193, 80-2471; A25194, 80-2512.

664 P.2d 1106 (1983)

63 Or.App. 284

Janet O'BRIEN, Respondent, v. EUGENE CHEMICAL Exports, Inc., an Oregon Corporation, and Anthony Retton, Appellants. Eugene Dale O'Brien, Guardian Ad Litem for Eugene B. O'Brien, Respondent, v. Eugene Chemical Exports, Inc., an Oregon Corporation, and Anthony Retton, Appellants.

Court of Appeals of Oregon.

Decided May 25, 1983.

Attorney(s) appearing for the Case

Norman K. Winslow, Salem, argued the cause and filed the briefs for appellants.

Larry W. Stuber, Corvallis, argued the cause for respondents. With him on the brief was Ringo, Walton & Eves, P.C., Corvallis.

Before JOSEPH, C.J., and WARDEN and YOUNG, JJ.

JOSEPH, Chief Justice.

Plaintiffs brought separate actions for false arrest. The cases were tried together. A jury awarded $6,000 general damages and $7,000 punitives to Mrs. O'Brien and $3,000 general and $3,500 punitive damages to Eugene, her son. Defendants appeal.

Defendants first argue that the trial court erred in denying their motion for a directed verdict, because the evidence showed that plaintiffs were guilty of criminal trespass "as a matter of...

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