American Reciprocal Insurers v. Bessonette

The defendants were respondents in an earlier appeal in which this court overruled a legal defense which had produced their trial court victory. American Insurers v. Bessonette, 235 Or 507, 384 P2d 223, 385 P2d 759 (1963). Deprived thus of their judgment, the defendants seek now a second opportunity to litigate the facts, insisting that their defense at the earlier trial was different than it would have been if they had not relied upon an early Oregon case ① which, they say, should have been prospectively overruled, if overruled at all. ②

The dispute concerned liability for damages to a…