Peltier v. Dahlke

This is the second appeal of this case. On the first appeal, Peltier v. Dahlke, 248 Or 512, 434 P2d 457 (1968), we reversed a judgment for plaintiff and remanded with directions to enter a judgment of involuntary nonsuit. We held that plaintiff had failed to prove her charge of negligence.

Plaintiff refiled her case and upon retrial the court below allowed defendants’ motion for nonsuit and dismissed the action. ORS 18.250. The question again is whether there was sufficient evidence of negligence to take the case to the jury. Unless the evidence in this case is different, our decision in the…