Eckel v. Breeze Book Reviews

Eckel v. Breeze by Department No 1 Supreme Court of Oregon Book Summary

ROSSMAN, Justice. This is an appeal by the plaintiff from an order of the circuit court which sustained the defendants motion for a new trial. The order was made after the circuit court had entered judgment in the plaintiffs favor in the sums of $1,000 general and $4,000 punitive damages based upon the jurys verdict in those amounts. The action was for assault and battery. The order which awarded a new trial was predicated upon a finding that two of the jurors separately made investigations of the locus in quo and that one of them had informed other jurors, while the jury was deliberating upon its verdict, that her investigation disclosed that the defendant, contrary to his testimony given to the jury, could not have seen from Third and Fir Streets the plaintiffs automobile at Third and Grape Streets (in Medford).

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