State Ex Rel. Sam's Texaco & Towing, Inc. v. Gallagher

This is an original proceeding in mandamus. The issue is whether defendant trial judge (judge) was required bylaw to accept a jury’s answers to certain questions on a special verdict form as a sufficient verdict. The judge dismissed the jury and granted a mistrial. Sam’s Texaco & Towing, Inc. (Sam’s Texaco), and the Automobile Club of Oregon (AAA), plaintiffs-relators in this action, petitioned this court for a writ of mandamus requiring the judge to accept the verdict. This court granted an alternative writ of mandamus. We hold that the judge had no discretion to refuse to accept the verdict…